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(영문) 대전지방법원 홍성지원 2018.03.27 2017고단912

무고

Text

A defendant shall be punished by imprisonment for four 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

At around 10:40 on July 5, 2017, the Defendant: (a) had sexual intercourse with the police officer of the Hongsung-gun Police Station located in Hongsung-gun, Hongsung-gun, Hongsung-gun; (b) on June 5, 2016, the Defendant was forced to place the Defendant, who was on the part of the Defendant at the bed on the bed; and (c) had sexual intercourse by placing the Defendant on the bed on the bed on the bed; and (d) on July 2016, the Defendant had sexual intercourse by placing the Defendant on the bed on the bed at the bed floor of the bed when the Defendant was on the bed on the bed at the bed bar. (b) around March 2017, the Defendant had sexual intercourse with the Defendant by force on the bed on the bed floor of the bed.

“A report on rape was filed with the content that the Defendant was raped, but the Defendant was only sexual intercourses with D over three occasions, and did not have been raped from D.

Accordingly, the defendant had D without the purpose of having D receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. The details of messages sent to and received by the victim, the borrowed money certificate, and the records of outpatient treatment;

1. Entry into police statements made to G (tentatively named) and the application of the current Acts and subordinate statutes thereof;

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

1. Article 157, Article 153, and Article 55 (1) 3 of the Criminal Act to mitigate self-denunciation;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] The mitigated area (one month or one year from January to one year), the self-denunciation and confession [Pronouncement of sentence] of the mitigated area (the decision of sentence] of the crime in this case / The defendant reported false facts to an investigative agency to disrupt the State’s criminal justice function by reporting false facts to the investigation agency, and the defendant was at risk of being subject to heavy criminal punishment, and the defendant’s criminal liability is not somewhat weak.

However, the fact that the defendant led to the confession of the crime of this case and reflects the depth thereof, and that the defendant's accusation did not lead to the prosecution and punishment of the person against whom the complaint of this case was filed, by making a confession from the second investigation of the police.