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(영문) 울산지방법원 2017.01.25 2016고단4046

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

On July 29, 2016, the Defendant submitted a written complaint to the police station located in Ulsan-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si to the effect that “The Defendant forced sexual intercourse

In fact, the defendant was engaged in physical contact with F on the day of the case, and there was no fact that he was forced to commit an indecent act by F.

In the end, the defendant filed a false complaint and brought a false accusation against the F.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement made by the police against the accused (net 2);

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Articles 157 and 153 of the Criminal Act to mitigate confessions;

1. Article 62 (1) of the Criminal Act suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) is not less than a liability for the crime in light of the seriousness of the legal interest infringed by the crime itself, but the primary crime is the first crime, the defendant voluntarily revokes the complaint at the police stage, and his/her mistake is divided in the course of withdrawal of the complaint, and other circumstances such as the punishment of the victim not to be caused, the process

1. The community service order under Article 62-2 of the Criminal Act;