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(영문) 광주지방법원 2016.06.24 2016고단399
무고
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 21, 2013, the Defendant prepared a false complaint with the purport that “Around June 21, 2013, the Gwangju District Public Prosecutor’s Office of Law in Gwangju-dong, 7-12, while C does not commit a sexual indecent act against himself/herself, C, who works as the leader of the church sex group, committed an indecent act against the Defendant by taking the Defendant’s shoulder in the course of setting up around December 3, 2012, taking the Defendant’s shoulder and pushed the Defendant’s body and bringing his/her face to the right part of the Defendant’s right part,” and submitted it to the investigator in charge, and for the same year.

7. On March 13, 198, the Gwangju Seo-gu Standing Park, 71, made a false statement to the effect as above, in light of the fact that the police station of the Gwangju Seo-gu, Seo-gu received an investigation from the Inspector D about the accusation.

In this respect, the defendant made a false accusation for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement protocol against C by the witness C at the court;

1. A copy of the investigation report (a copy, etc. of the written complaint), a copy of the written complaint, and a copy of the statement [a defendant] is denied as he/she was actually committed an indecent act, such as the content of the written complaint by C, and thus,

However, considering the consistent statement of the witness C, the place where the contents of the instant complaint occurred, the participants and events, etc., the law applicable to the case where the facts of the accusation are sufficiently recognized as false as stated in the judgment of the defendant).

1. Relevant Article of the Criminal Act and Article 156 of the Criminal Act (Selection of Imprisonment with prison labor) concerning the crime (the counsel shall have six months period for filing a complaint against indecent act under the Criminal Act, and the complaint shall not be filed after the expiration of the period for filing the complaint against a victim subject to victim's

However, under Article 18(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012), the period of filing a complaint against forced indecent acts is one year, and the instant complaint is one year from December 3, 2012.

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