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(영문) 수원지방법원 2017.06.20 2016고단8008

무고

Text

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.

Reasons

Criminal facts

[criminal records] On August 26, 2016, the Defendant was sentenced to imprisonment with prison labor for two years with prison labor for the purpose of the present owner's building and fire prevention at the Suwon Friwon, and the above judgment became final and conclusive on November 18, 2016.

[2] On May 6, 2016, the Defendant reported to the effect that “the Defendant was subject to sexual assault” by phone call from the Defendant to 112 on the south-dong of Seodaemun-gu Seoul Metropolitan Government, Seoul around May 6, 2016, when the Defendant was unable to discern things or make decisions due to stimulative disorder, and that “the Defendant was subject to sexual assault.”

9. Around 10:00, at the video recording room of the Seoul Local Police Agency C, which is located in Mapo-gu, Mapo-gu, Seoul, stating to the effect that “E exceeded the clothes of the defendant around February 23:30, 2016, and thus punished for rape.”

However, even though the defendant had met E through the Internet hosting site around August 2013 and had lived in the same day at his house, and had been close to E, on May 2016, 2016, he was aware that he voluntarily carried out cultural merchandise coupons and reported to be stolen from E on the day he had arbitrarily carried out cultural merchandise coupons at his house and used them.

In this respect, the defendant made a false accusation against E for the purpose of criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol concerning interrogation of suspects of E by each prosecutor's office;

1. Statement made by the police against the defendant;

1. A copy of the investigation report (the date and time change);

1. Previous convictions: Inquiry into the records of crimes, reporting on investigation (verification of the records of crimes), and application of each statute of the judgment;

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 mitigate confessions;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Circumstances favorable to the defendant for sentencing under Article 62(1) of the Criminal Act are as follows.

Defendant.