(영문) 부산지방법원 2019.09.06 2019고단2251

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(영문) 부산지방법원 2019.09.06 2019고단2251

무고

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 19, 2019, around 00:43, the Defendant was found to be the husband of the Defendant, who had sexual intercourse with C at the Busan Birmo-gu Birmo-gu, Busan, and went out of the her telecom.

Accordingly, the defendant ordered her husband to inform her that he was raped with C at around 10:00 on the same day, and at around 10:00 on the same day, he filed a complaint with the Busan Franchi Police Station stating that "I think that C, the defendant, who was the defendant, had sexual intercourse with C, was sexual intercourse under the agreement with C, and all such circumstances were memoryed, and C was subject to criminal punishment, for the purpose of having the criminal punishment."

Around 10:15 on the same day, the Defendant continued to appear in D at will and under investigation of the victims of sexual assault, the Defendant stated to the police officer E, a police officer in charge of the sexual assault to the effect that “the sexual assault was doubtful. It is not at all memory, and if the suspicion of sexual assault is recognized, it shall be subject to criminal punishment.”

Accordingly, the defendant reported false facts to public offices for the purpose of criminal punishment against C.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol concerning suspect interrogation of C;

1. Application of investigation reports (including CCTV images and accompanying materials), investigation reports (to hear the statements of police officers in the contact), investigation reports (to hear the statements of police officers) (to listen to the statements of police officers in the visit), and C Acts and subordinate statutes;

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

1. The defendant and defense counsel's assertion and judgment under Article 62 (1) of the Criminal Act

1. The alleged defendant and his defense counsel asserted that the defendant did not make a false report in bad faith, but only reported to the effect that there was no intention to commit sexual assault, inasmuch as the circumstance at the time of the sexual relationship is not well memory, and thus, the defendant did not intend to commit sexual assault.

2. Determination:

참조조문

-형법 제62조 제1항

-형법 제156조

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