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(영문) 창원지방법원 2017.09.01 2017고단1822
무고
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On November 15, 2016, the Defendant: (a) around 15, 2016, at the beauty art room of the Defendant’s operation of the Sung-gu, Sungwon-si, Sungwon-si, Sungwon-si; and (b) had Dozers prepare a false complaint against E using a computer.

The complaint is filed by the defendant E, the complainant on August 8, 2016, who is raped after drinking alcohol to A, the complainant on and after drinking alcohol, and thereafter on August 13, 2016, the complainant could not engage in funeral services unless he/she hears the horses within his/her country.

“Intimid intimidation,” she was habitually raped each other from the time to October 8, 2016, in order to prevent the complainant from going out of the telecom.

“In fact, the Defendant was sexually rape and detained from E on October 2016, only when he was sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually

Nevertheless, on November 15, 2016, the defendant submitted the above complaint to police officers who are not aware of his name at the public service center of the Changwon-gu Police Station in the window of the Changwon-si, Changwon-si.

In this respect, the defendant made a false accusation against E for the purpose of having the criminal punishment imposed.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Statement made by the police against the defendant;

1. Each investigation report (attached to medical treatment confirmation, a detailed statement of card use, etc., attachment of phone call details of a complainant A, submission of suspect's mobile phone and additional data, attachment of data on mobile analysis of victim's mobile phone, statement of victim's mobile phone outside of the case in this case, and preparation and report of each record book (victim's mobile phone recording file);

1. Complaint;

1. Application of Acts and subordinate statutes on card transactions;

1. Article 156 of the Criminal Act applicable to the facts constituting an offense and Article 156 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the assertion of the defendant and his/her defense counsel under Article 62-2 of the Criminal Act regarding community service order

1. The accused of the assertion shall have suffered sexual ties from the victimized person.

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