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(영문) 창원지방법원 밀양지원 2018.03.15 2017고단421

무고

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 25, 2015, the Defendant submitted a complaint to the public service center of the Ganyang Police Station located in 1545, as well as C, to the effect that, for the purpose of having the Defendant be subject to criminal punishment, the Defendant “as a consequence of threatening the Defendant by damaging the relevant soldier’s disease in the vicinity of the Daegu Northern District, Daegu Northern District, around April 2015,” and during the police investigation conducted around December 11, 2015, “(i) by creating an impossible state in which C would escape from drinking water from around March 2015, and (ii) by threateninging the Defendant’s wife in the vicinity of the Daegu Northern District, Daegu Northern District, the Defendant was punished by committing rape,” and “as a threat to the Defendant’s rape,” during the police investigation conducted on or around December 11, 2015.

However, in fact, around March 2015, C did not have a sexual intercourse with the Defendant by drinking water exemption from the Defendant, and on April 2015, there was no fact that C had a sexual intercourse with the Defendant by threatening the Defendant by threatening the Defendant by damaging his illness around April 2015.

Accordingly, the defendant filed a false complaint with C for the purpose of having C punished criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect with regard to C;

1. Each police statement protocol against the defendant (No. 6, 7 No. 500);

1. Application of Acts and subordinate statutes (No. 5 No. 5 of the evidence list);

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

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act mitigated by law;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Type 1 (Scope of Recommendations) in the mitigated area (one month-one year-one year-one) (a person subject to special mitigation) in the first-class crime (a confession of a person subject to special mitigation);

(b) Class 2 crime [Scope of Recommendation] 1 (General Dismissal) area (one month-one year-one year-one), self-denunciation and confession;

(c)in accordance with the increase of multiple offenses.