무고
A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On March 2016, the defendant prepared a false complaint with respect to B using a computer through a certified judicial scrivener.
The statement of the complaint "The President B of the House of Satisfaction was an employee of the defendant, and sexual intercourses once by force at the room of the House of Satisfaction around November 2015, and sexual intercourses once by force within a car around December 2015.
The contents and facts of “” were, at the time, the Defendant had sexual intercourses under an agreement in internal relations with B.
Nevertheless, on March 6, 2017, the defendant submitted the above written complaint to the public service center of the Dong-dong Police Station in the Docheon-dong in the East Sea.
In this respect, the defendant had not been punished against B for the purpose of having B receive criminal punishment.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect B of the police;
1. Statement made by the police against the defendant;
1. Complaint;
1. Application of the statutes governing the restoration of text messages;
1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to be mitigated by law;
1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] Class 1 [the scope of the recommended sentence] [the person subject to special mitigation], self-denunciation and confession [the sentence] of the mitigated area (one year] [the decision of sentence] of the crime of this case where the defendant reported false facts to an investigative agency, thereby disturbing the State's criminal justice function, and causing a person who is in danger of being subject to criminal punishment, and there is sufficient need for the defendant to be punished for severe
However, in full view of various circumstances, including the Defendant’s confession of the instant crime and the fact that the Defendant’s accusation did not lead to the Defendant’s prosecution and punishment against the person under whose accusation was made, the primary offender, the Defendant’s age, sexual conduct, the process and motive leading to the instant crime, and the circumstances before and after the instant crime, etc., and the conditions of sentencing as shown in the records and arguments.