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(영문) 울산지방법원 2016.06.10 2016고단1033

무고

Text

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

except that the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 15:00 on March 19, 2016 and around 23:00, the Defendant, at the office of a female juvenile investigation team located in the Ulsan-gu Police Station, Ulsan-gu, Seoul-do, for the purpose of having B obtain criminal punishment, “B raped inside B’s car parked in front of Ulsan-gu C on February 19, 2016, and B took a face of sexual intercourse with B on March 18, 2016, without permission within 307, the Ecomter located in Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul-do, for the purpose of having B obtain criminal punishment.

“The police officer reported its content to the police officer.”

In fact, the defendant did not have been raped from B, and there was no fact that he had been taken a sexual intercourse without his own permission, with all consent to the sexual intercourse and sexual intercourse shooting within a passenger car.

In the end, the Defendant reported false facts to police officers and filed a false accusation against B.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the defendant;

1. A protocol concerning the suspect B of the police;

1. Application of Acts and subordinate statutes to each police statement protocol to the defendant;

1. Article 156 of the Criminal Act applicable to the facts constituting an offense and Article 156 of the choice of punishment;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to mitigate confessions;

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

1. Determination of the type of recommendation of the sentencing criteria: The range of recommendation that no person is subject to a special sentencing of type 1 (general dismissal), confessions, and aggravated factors: The range of punishment that no person is subject to a special sentencing of type 1 (general dismissal): imprisonment with labor for one month to one year (area of mitigation): - The serious reflective factors - whether there are several false facts publicly known: No significant reason for the recommendation of suspension of execution - there is no positive reason for the recommendation of suspension of execution - there is no significant reason for negative general consideration - there is no positive reason for general consideration - there is no positive reason for general consideration - there is clear social relation, and there is no previous conviction or more.

2. Additional factors to be considered are excessive investigative power by recognizing errors within a short period after committing the crime and destroying statements.