beta
(영문) 부산지방법원 2017.03.08 2016고단7912

무고

Text

A defendant shall be punished by imprisonment for not less than eight 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 August 13, 2016, the Defendant reported to the Busan Dong Police Station located in the Busan Dong-gu, Busan, as the center of the Busan Dong-gu, to the effect that “B, who became aware of the customer when singing out, made intimidation to her husband that he/she would know of the relationship with her husband, and forced sexual intercourse nine times from June 2015 to June 2016, the Defendant stated to the same effect as the investigator in charge of investigating the instant case.”

However, the facts showed that the Defendant was in a singing-out relationship while the Defendant was in a singing-out relationship.

B only a sexual intercourse with B by consent, but only a sexual intercourse against B by assault or intimidation was not established, and thereafter, B was lent at the time of the petant relationship with B.

A false report was made to the effect that the husband would not pay the money when demanding to pay 2 million won, and that the husband would not pay the money, and that there was a false appraisal about B, which caused B to be punished.

As a result, the Defendant reported the above false facts with the aim of having the above Party B punished criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the examination of suspect B by the prosecution;

1. Statement made by the police against the defendant;

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

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

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (not only before the same sentence, but also there is no history of criminal punishment exceeding a fine, and considering the fact that it is against the depth of the crime) of the suspended sentence [the scope of the recommended sentence] the mitigated area (one month to one year), the self-denunciation and confession (decision of sentence) [the person subject to special mitigation] in the mitigated area (one month to one year), the self-denunciation and confession (decision of sentence] 8 months, and two years of suspended sentence;