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(영문) 부산지방법원 2016.09.29 2016고단3929

무고

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On February 2, 2016, the Defendant filed a false report on C with the public service center of the Busan Northern Police Station located in 63, the Busan Northern Police Station.

On August 7, 2014, at C’s house located in Busan Northern-gu, Busan Northern-gu, and on June 2, 2015, at the defendant’s house located in Busan Northern-gu, Busan Northern-gu, investigation and strict punishment for rape were conducted, and a written statement was made to the same effect as on February 18, 2016, and the statement was made to the same effect on February 19, 2016 by the Busan Northern-gu Center to the effect that the investigation was conducted by the judicial police officer.

However, the facts were not raped by C, but sexual intercourses under the agreement with C.

Nevertheless, the defendant, however, was dismissed for the purpose of having C be subject to criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the examination of suspect C by the prosecution (including the part concerning the questioning of the defendant);

1. Statement made by the police against the accused (net 4);

1. Application of Acts and subordinate statutes to written statements by the accused;

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

1. Statutory mitigation (Confession) Articles 157, 153, and 55 (1) 3 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] Class 1 of the mitigated area (1-1 year from January to 1), self-denunciation and confession [decision of sentence] The contents and nature of the instant crime, the background of the instant crime, the circumstance of the instant crime, the fact that the Defendant recognizes and reflects his mistake in the court, the primary crime, and other factors, such as the Defendant’s age, sex, environment, etc., shall be determined as per Disposition.