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(영문) 수원지방법원 2017.09.21 2017고단5085

무고

Text

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

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

Reasons

Punishment of the crime

On September 1, 2016, the Defendant called from 01:51 to 515 to 112 the hotel in Suwon-si C, Suwon-si, Suwon-si, 2016, and “I have been raped by any person who may know.”

“The report of the injury” is filed, and there is also evidence to the head E of the police station belonging to the Seogwon Police Station of the Gyeonggi-gu Police Station called to the site upon receipt of the report, “F interest is covered, and forced to have sexual intercourses.”

The statement was made and the statement was submitted to the effect that “F is a person F, who is in this interest, takes his body over, takes his body in his hand, takes head and do not meet his resistance, and commits rape.”

However, the facts are that the defendant was sexual intercourse according to the F and did not have been raped from F.

Accordingly, the defendant was committed to F with the aim of having F criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement made by the police against the defendant;

1. A written statement;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

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

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

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (The following grounds for sentencing) of the Criminal Act / [the scope of recommendation] / [the scope of recommendation] 1 type (one month to one year) of the mitigation area (a person with a special mitigation] / the scope of sentence comparison between self-denunciation, confession and recommended punishment: January to one year / [the decision of sentence] of the State’s criminal justice function is not only actively infringed on the criminal justice function of the State, but also the crime of this case is a serious criminal act with the risk of being subject to unfair punishment due to a serious crime committed against a person without sexual intercourse.

However, when the defendant comes to this court, he recognizes the crime and reflects the wrongness in depth, and there is no criminal conviction for the same kind of criminal offense or for the suspension of execution, and the criminal prosecution for the accused is subject to criminal punishment or criminal prosecution.