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(영문) 대구지방법원 서부지원 2017.08.16 2016고단2820
무고
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is C's friendship, and C is a person who has de facto marital relationship from D to 2005 to 2012.

On September 1, 2016, the Defendant threatened D with the Defendant’s entire property under the pretext of compensation and consolation money in order to release C from the Defendant’s criminal complaint against D with the content that C had sexual intercourse with D’s father, as it was punished in Daegu-gu, Seogu, 259-h. 15.

A written complaint to the effect that “A” is submitted, and at the 8 team office of the above police station around the 9th day of the same month, D will live in a lifelong prison with sexual assault “D” upon receiving a supplementary investigation by the complainant.

The government issued D's high-priced goods to F by threat and threat.

“A false statement was made.”

However, the facts are as follows: (a) the Defendant, friendly C, obtained 1120,000 won from G, which is the fluoral father of D, and the Defendant was accused on May 3, 2016, to end the instant case; (b) without regard to sexual assault cases, he/she, without regard to G’s sexual assault cases, made the Defendant’s disease, fluor, fluor, fluor, etc., and (c) so D did not threaten the Defendant to change the entire property of the Defendant under the pretext of compensation and consolation money for sexual assault cases.

In this respect, the defendant made D's accusation for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects by the prosecution against D or F;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the prosecution against the defendant;

1. Statement made by the police against the defendant;

1. Complaint;

1. Application of investigation reports (to attach a monetary recording file with A, a complainant submitted by Defendant D), investigation reports (to attach a recording record and a recording file submitted by Defendant D), recording records, investigation reports (to attach a written opinion, etc.), text messages, and loan certificates-related Acts and subordinate statutes;

1. Article 156 of the Criminal Act and the choice of punishment for the crime;

1. Statutory mitigation;

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