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(영문) 서울남부지방법원 2017.01.12 2016고단5589
무고
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 29, 2016, at around 22:57, the Defendant driven the E-act with his mobile phone in the vicinity of D main points located in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, Seoul.

A report is filed by the Defendant’s report, and the Seoul Western Police Station G and Police Officer H made a statement to the Defendant “E Ha Ha Ha Ha Ha Ha Ha was sexually indecent act,” and the Defendant’s call from the Defendant on October 30 of the next day to request the Defendant to attend to hear the statements about sexual indecent act by H on October 30, and “E met Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha

As a threat, the lower court stated that “the lower court committed an indecent act by talking on the chest by hand.”

However, the fact was that, at the request of the defendant, E was engaged in drinking outside of the age club from E, and he was forced by the defendant, and he was engaged in an indecent act by moving the E vehicle to D main points on board and driving the vehicle immediately after he was asked by the defendant. However, E did not commit an indecent act by leading the defendant alley and driving the chest.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes to voluntary accompanying reports, investigation reports (CCTV and search investigation), CCTV photographs, and investigation reports (Attachment of Report A 112 by Suspect A);

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

1. Although there were two or more reasons for sentencing under Articles 157, 153, and 55(1)3 of the Criminal Act to mitigate confessions, and there was a history of punishment for an uninfluence crime under the same and the same veterinary act, it is inevitable to severely punish the Defendant in committing the instant crime.

However, the defendant is the police.

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