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(영문) 청주지방법원 제천지원 2019.09.19 2019고단140
무고등
Text

A defendant shall be punished by imprisonment for four 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

1. On April 19, 2018, the Defendant: (a) prepared a written complaint stating that “B, who was a shot village, was taking meals at a “C” restaurant on April 12, 2018; (b) moved to a cafeteria, was able to take the Defendant’s hand; (c) was rhyd the chest; and (d) committed an indecent act on the part of the suckbuck inside it, and submitted it to an employee in charge of civil petition at the Seocheon Police Station located in Seocheon-dong, Seocheon-si, Incheon.

However, at around 12:00 on April 2, 2018, the Defendant provided meals to B or “C,” and only moved to a small mother’s house with B, and did not move to a cafeteria, or did not have been subjected to indecent act by compulsion from B.

As a result, the defendant submitted a false complaint to B for the purpose of criminal punishment.

2. Around 18:00 on April 3, 2018, the Defendant: (a) sought the victim’s residence of the victim B (the 61-year-old) of the D Apartment apartment E (the 61-year-old) and demanded that the victim “the victim was subject to sexual assault during the capital year so that he was deprived; (b) but the victim refused it; (c) the victim’s chest part was assaulted three times by drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each protocol of examination of suspect concerning B by the prosecution;

1. The prosecutor's statement concerning B;

1. A copy of each police statement;

1. A's copy of the complaint;

1. A written statement;

1. A report on investigation (Attachment to a detailed statement of account transactions submitted by the complainant) and a statement of account;

1. Guide map and photograph of the place of crime;

1. A report on investigation (a written statement, etc. of police officers dispatched to the scene), a list of reports 12 handling cases, a list of pages, and a written statement;

1. CCTV CDs;

1. A copy of each investigation report (on-site investigation and CCTV for commercial buildings);

1. A copy of the investigation report (a copy of CCTV perusal);

1. A copy of the investigation report (Submission of suspect card transaction certificate);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 156 of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment), the choice of punishment for the crime;

1. Legal provisions;

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