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(영문) 수원지방법원 2014.12.24 2014고단3627
무고
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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On May 13, 2014, the defendant prepared a false complaint against D using a computer at the home of the defendant in Suwon-si, Suwon-si, Suwon-si, by using the computer.

The written complaint states, "D, the Defendant, was committed by indecent act by indecent act by indecent act on May 11, 2014 on the fiveth floor of the 5th floor of the Slun-ro Syun-ro, Suwon-gu, Suwon-gu, 187, by drawing the complainant in a timely manner, and D did not have any fact of indecent act by indecent act against the Defendant."

Nevertheless, at around 09:00 on May 13, 2014, the Defendant submitted the above complaint to the police officer who is unable to know his name at the public service center of the Suwon Police Station, which is located in 199, with the Suwon Sychocheon-gu, Suwon Police Station.

In this respect, the defendant was arrested for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Each legal statement of the witness, D, E, and F;

1. Examination protocol of police suspect regarding D;

1. The police statement concerning F;

1. Application of the investigative report (CCTV Confirmation Investigation)-CCTV image photograph Acts and subordinate statutes;

1. Article 156 of the Criminal Act applicable to the crimes;

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day);

1. The offense of false sentencing under Article 59(1) of the Criminal Act requires strict punishment as an offense which seriously threatens legal stability in order to infringe on the national legal interest, which is a proper exercise of the State’s trial function, and thus seriously threaten.

However, in light of the fact that the defendant filed the instant complaint and stated in an investigative agency that the defendant was missing from the Suwon Detention House and committed an indecent act against himself/herself, and that the credibility of the statement was very weak, it is not deemed that the defendant's actual defendant was likely to be subject to criminal punishment due to the instant complaint by the defendant.

In addition, this situation is that the defendant is more than 70 years old, and the defendant has no specific criminal record.

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