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(영문) 부산지방법원 2018.01.24 2017고단5550

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 April 27, 2017, the Defendant, as the World Cup 10:00, around 359, was off the clothes from the Monobel room on the following day: (a) at the Busan East Sea Center located in Busan East Sea Center: (b) around 18, 2017, the film was cut.

D A statement was made to the effect that she was raped (defendants) under the influence of alcohol and thus punished.”

However, on April 18, 2017, the Defendant entered the Internet Game “Fel” (hereinafter “Fel”) that was known through D around 08:00, but around April 18, 2017, around 22:30 on April 18, 2017, there was no rape of D with D.

Accordingly, the defendant had D without the purpose of having D receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Statement made by the police against the defendant;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTVs;

1. Article 156 of the Criminal Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Articles 157 and 153 of the Criminal Act to mitigate confessions;

1. Reasons for sentencing under Article 62(1) of the Suspension of Execution Act ( considered favorable circumstances among the reasons for sentencing) [the scope of recommendation] Article 62(1) of the Criminal Act / [Article 62(1) of the Act / [Article 62(1) of the Act / [Article 62(1) of the Act / [Article 62(1) of the Act / [Article 62(1) of the Act / [Article 62 of the Act / [Article 1] self-denunciation / confession / [Ruling of sentence] a defendant made a false report even after having sexual intercourse with the victim in agreement with the victim. Although the criminal liability is not easy, the defendant is the first offender and is against the depth of the crime, other conditions of sentencing such as the defendant's age, sex behavior, environment, means and method of committing the crime