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(영문) 대구지방법원 2018.05.11 2017고단6362
무고
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On August 4, 2017, the Defendant prepared a false complaint with respect to B using a computer at a place where it cannot be known.

The complaint is filed on August 2, 2017, “I wish to die” to the defendant.

“Felbows elbows, etc., which require treatment for about 15 days by threatening the Defendant, forcing the Defendant to commit an indecent act by threatening the Defendant’s chest, and taking the Defendant’s body and arms,” and facts B are as follows: “I wish to kill the Defendant.”

“There was no fact that he or she was frightening to the Defendant or was frightening the Defendant’s body and arms.”

Nevertheless, on August 4, 2017, the Defendant submitted the above complaint to D, who is the police officer in charge in the Daegu-gu Police Station C located in 55, Jung-gu, Daegu-gu, Daegu-gu, Seoul-gu, Seoul-gu.

In this respect, the defendant committed a criminal punishment against B for the purpose of having B punished.

Summary of Evidence

1. Legal statement of the witness B;

1. A protocol concerning the examination of suspect B (including the two-time examination and the replacement part of the defendant);

1. Statement made by the police against the defendant;

1. Investigation reports (Submission of additional documents), commentariess, materials, etc., investigation reports (Attachment to photographs of the place of occurrence of the case), photographs, investigation reports (Attachment to photographs of on-site inspection), photographs;

1. A complaint, a medical certificate of injury, and E commentation materials ( August 1, 2017);

1. The defendant and his defense counsel asserted that, in light of the circumstances in which the defendant filed a complaint against the crime of intimidation, coercion, or bodily injury against B with the intent to avoid, the defendant and his defense counsel are consistent with the substantive relations in the overall context and some exaggerations are not sufficient to find the defendant as false facts.

The following facts or circumstances acknowledged by the evidence duly adopted and investigated by this Court, that is, the defendant, after having filed a complaint with the police due to intimidation, forced indecent act and bodily injury, made a statement by the police, and then under interrogation as a suspect for the crime without accusation.

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