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(영문) 의정부지방법원 고양지원 2014.10.16 2014고단943

무고

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

On April 2013, the Defendant knew that D was introduced from C (the mother of the Defendant and the male who was dead) and knew that D had many property, and attempted to file a false complaint with D to receive money and valuables under the pretext of agreement from D.

On June 27, 2013, the Defendant submitted a written complaint against D to the Gyeonggi Police Station located in the Gyeonggi-gu, Gyeonggi-gu, Gyeonggi-do. 1338 at the center.

A written complaint states that "A person who was raped on June 21, 2013 to D, who was parked in the surrounding E F parking lot of Eunpyeong-gu Seoul Metropolitan Government around 8 P.M. on June 21, 2013, was punished for rape."

However, the defendant did not have been raped against D.

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

Summary of Evidence

1. Statement by the defendant in court;

2. Statement by the prosecution concerning D;

3. Application of the Acts and subordinate statutes governing the complaint;

1. Relevant Articles of the Criminal Act and Article 156 of the Criminal Act concerning the crimes;

2. The crime with no reason for sentencing under Articles 157, 153, and 55(1)3 of the Criminal Act is an element for sentencing that is disadvantageous to the defendant, in light of the motive, method, and content of the crime, and the suspicion of the charged crime (hereinafter referred to as "juvenile rape"), etc., the crime is very poor in light of the motive, method, and content of the crime, and the accused's criminal suspicion (hereinafter referred to as "juvenile rape"), etc.

반면 피고인이 이 사건 공소사실을 인정하면서 반성하고 있는 점, C의 사주(使嗾)로 이 사건 범행을 저지르게 된...