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(영문) 청주지방법원 충주지원 2016.04.01 2015고단511

무고

Text

A defendant shall be punished by imprisonment for six 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

The defendant, while working in Chungcheong-si D, had F, who had a general team leader in the same workplace, drinked with F with F on September 1, 2015, and got to the her to drink with each other after drinking alcohol on September 1, 2015, but he heard the words of F on September 3, 2015, such as that F did not have appraisal as a sex from F on September 3, 2015.

On September 5, 2015, the Defendant reported as follows: “Around September 22:45, 2015, the Defendant reported as follows: “Around 09:00, the Defendant sought with female youths in the Chungcheong Police Station 218, who had been on duty, that “Around September 22:45, 2015, the Defendant F, who was sexual intercourse, attempted to commit an indecent act and sexual assault by committing an indecent act against the complainant who was under the influence of alcohol by the Defendant at the her motherel located in the Chungcheong City.” However, F did not have attempted to commit an indecent act or sexual assault against the Defendant.

Accordingly, the defendant was sentenced to F for the purpose of having F be subject to criminal punishment or disciplinary action.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. Statement made by the police against the defendant;

1. Application of the Acts and subordinate statutes governing the CCTV image of the Iel;

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

1. Articles 157 and 153 of the Criminal Act to mitigate self-denunciation;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing guidelines [the types of decisions]less crimes, Type 1 (general accusation) [the person subject to special sentencing] mitigated factors: Voluntary confession (the scope of determination in the recommended sphere and the range of sentence for recommendation] mitigated factors, one month to one year; and

2. The crime of non-determination of sentence requires a strict punishment because the criminal justice body causes unnecessary waste of human resources and causes serious pain to the victim and leads to the exercise of the wrong state penal authority. Among them, sexual crimes are mainly punished, and thus, the investigation is practically conducted by the victim of sexual crimes.