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(영문) 대전지방법원 2018.01.09 2017고단4286
무고
Text

A defendant shall be punished by imprisonment for six 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

On August 28, 2017, the Defendant submitted a complaint to the Chungcheongnam-nam Police Station to the effect that “a taxi engineer who driven C cab in the vicinity of the house around August 26, 2017 was forced to commit an indecent act by drinking his chest several times,” and made a statement to the effect that it was identical with the content stated in the complaint at the office of the office of the female youth in the Chungcheongnam-nam Police Station and the female youth number team.

However, in fact, the Defendant did not have been subject to forced indecent act by D, which was a taxi driver driving the above taxi, and was asked for the reason that he did not return to the taxi after getting off the taxi from her husband, and was forced to commit an indecent act by her husband, and submitted a written complaint stating false details and made a statement of damage in response thereto.

As a result, the defendant raised D without any criminal punishment 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 of D;

1. Each police statement made to the defendant and E;

1. Application of Acts and subordinate statutes on internal investigation reports (to secure and analyze private taxi boxes and to verify victims' false statements);

1. Article 156 of the Criminal Act applicable to the facts constituting an offense and Article 156 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The fact that a defendant's false accusation interferes with the appropriate exercise of the State's criminal justice or disciplinary authority and a waste of investigation force; a person under suspicion was at risk of being investigated by an investigative agency due to the defendant's crime of this case and being subject to unfair punishment; and a considerable mental suffering therefrom;

(k) favorable circumstances: The fact that the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission

. The above circumstances and other circumstances.

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