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(영문) 광주지방법원 2014.08.21 2014고단2081

무고

Text

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

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

Reasons

Punishment of the crime

On April 14, 2014, at around 06:00, the Defendant, at the 205 room in Gwangju Northern-gu, would drink alcoholic beverages with E at the new wall main point in the same day, and demanded E to wear a shoulder, and then would have got a horse from E, and there was no indecent act by compulsion from E.

Nevertheless, on the same day, the Defendant reported that E was out of his own clothes by 112 cell phone 07:52 on the same day, on the ground that E was in charge of the Defendant’s shoulder, and stated that “E was out of the panty and attempted to go out of the panty,” and stated that “E was out of the panty,” and that he was “E was out of the panty.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes to a copy of a report on investigation ( initial measures) and a copy of a report indicating 112 cases;

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Articles 157, 153, and 55 (1) 6 (Confession) of the Criminal Act, which are statutory mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of probation and community service order [the scope of recommending punishment] and the reason for sentencing under Article 62-2 of the same Act are as follows: (a) Defendant’s crime in the mitigated area (one to one year) infringes on the national legal interest, which is a proper exercise of the State’s trial function; and (b) Defendant’s crime is a crime that seriously threatens the legal stability of the State to avoid a crime in light of the content of this case

However, the defendant recognized the facts charged in this case and divided the errors thereof, and the sentencing materials revealed in the oral proceedings, such as the age, character and conduct, environment, and criminal records, shall be equally considered, and the execution of punishment shall be suspended in addition to community service and probation.

It is so decided as per Disposition for the above reasons.