beta
(영문) 청주지방법원 충주지원 2014.05.09 2014고단98

무고

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 22, 2013, at around 11:14, the Defendant 112 reported that “the Defendant was subject to sexual assault before one hour from D,” and on the same day, the Defendant appeared at the Chungcheong Stacksaw Support Center and stated that “The Defendant was sexual assaulted five times in the way of cutting off and breaking off and suppressing both arms, and inserting off and inserting his arms, and inserting his sexual organ into five times until today,” and on January 28, 2014, the Defendant appeared at the Cheongju District Prosecutor’s Office 209, Chungcheong Branch Office 209, and stated that “The prosecutor in charge has been punished for sexual assaulting from D” to the public prosecutor in charge.

However, the defendant was sexual intercourse under the agreement with D, and there was no fact that he was sexual assaulted by D.

Accordingly, the defendant reported false facts to investigation agencies for the purpose of punishing D.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of suspect examination against D and accused;

1. Examination protocol of police suspect regarding D;

1. Each police statement made to D or A;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to 112 Report Statement for Handling Cases);

1. Article 156 of the Criminal Act applicable to the crimes and Article 156 of the Election of Imprisonment;

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

1. Scope of sentencing on the grounds of sentencing under Article 62(1) of the Criminal Act: The scope of sentencing on the grounds of sentencing under Article 62(1) of the suspended sentence: Imprisonment with prison labor for not more than one year [type of crime], accusation without prison labor for not more than one year [the scope of recommending and recommending punishment], and mitigation area: Imprisonment for not more than one year: 6 months; suspended sentence for not more than two years; 2 years]; a crime without prison labor for a false accusation is a criminal who seriously infringes on the national legal interest of which the State exercises its trial function and threatens the legal stability of the defendant; and a crime committed in order to conceal the Defendant’s adultery.