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(영문) 대전지방법원 천안지원 2016.07.22 2016고단362

무고

Text

The punishment of the accused shall be set forth in six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 19, 2015, the Defendant prepared a written complaint to the public service center of the Asia Police Station in Pasan-si, Asan-si, and submitted it to the police officer in charge immediately, to the effect that C had sexual assaulted by Defendant C for the purpose of having the criminal punishment imposed.

In addition, on November 22, 2015, the defendant does not refuse to demand a sexual relationship between C around November 19, 2015 and around October 30, 2015 at the female juvenile and office of the Asan Police Station.

The rejection made a statement to the effect that he was forced to kis, exceeded all clothes, and abused sexually by inserting a sexual organ.

However, the facts are that the defendant and C were living together, and the defendant found C's house for about 10 days, and they were living together, and the defendant demanded the sex relationship, such as the defendant's delivery of C's chest and her escape, and C did not rape the defendant against the will of the defendant.

Nevertheless, the defendant filed a false complaint and made a false statement to the same effect as that of the false statement.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Copy of the statement made by the police against the defendant;

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

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing guidelines [types] No. 1 (general accusation) [person with special sentencing] - The mitigated element: confession [decision in the sphere of recommendation] / [the scope of recommendation] / 1 month to 1 year [the scope of the recommended sentence] / [the general sentencing person] mitigated element : motive for crime, serious reflectivity, and no record of criminal punishment [the main reason for suspension of execution] positive: Non-prosecution of punishment (including serious efforts for recovery of damage), significant repents (including self-denunciation, confession, etc.) and there are no records of criminal punishment [the suspended execution].