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(영문) 서울북부지방법원 2016.04.27 2016고단905

무고

Text

The sentence of sentence against the defendant shall be suspended.

The defendant shall be ordered to observe the protection for a period of one year, and shall be ordered.

Reasons

Punishment of the crime

The Defendant works as a dental clinic at the “C dental clinic” located in Dongdaemun-gu Seoul Metropolitan Government, and became aware of the victim D (67 years) who was sent to the patient as the patient.

On August 27, 2015, at around 06:30 on August 27, 2015, the Defendant, at the victim’s house located in Dobong-gu Seoul, Dobong-gu E and fourth floor, was drinking together with the victim, and the victim heard that “the Defendant is leading her children to underground room and criticized,” and the victim thought that she would disregard her.

Accordingly, the Defendant reported by telephone 112 on the same day for the purpose of having the victim punished even though he had sexual intercourse with the victim by inducing the victim to sexual intercourse on the same day 08:30 on the same day, and reported that the victim was raped in around 8:45 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Criminal Act and Article 156 of the Criminal Act concerning the crime. Article 156 (Punishment of Imprisonment);

1. Statutory mitigation under Articles 157, 153, and 55 (1) 3 of the Criminal Act;

1. Punishment suspended under Article 59 (1) of the Criminal Act: Four months of imprisonment;

1. A person whose sentencing under Article 59-2 of the Criminal Act on the observation of protection is one-month of general aggravation of the base for the mitigation of types of punishment, between January and June, and one-year and four-year special sentencing guidelines: A sentence for the mitigation of punishment (a confession) general sentencing factors: A sentence for the mitigation of punishment factors (a serious half-year): 10 months of imprisonment, a suspended sentence for a period of two years of suspended sentence (4 months of imprisonment), a suspended sentence for a period of two years of suspended sentence for a period of two years: A person subject to suspended sentence for a period of two years of suspended sentence: A person who is subject to suspended punishment, a person who is not subject to false confession, a person who is not subject to suspended sentence, a mental disease and alcohol (a alcohol concentration in blood : 0.192%) may have an impact on the occurrence of a crime; a person who has no record of punishment heavier than that of the same kind or type of imprisonment without prison labor, a lack of difficulty in punishing such person; and