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(영문) 대전지방법원 논산지원 2018.05.29 2018고단78

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 October 18, 2017, the Defendant visited the Seosan Police Station located in 159, Seosan-ro, Seosan-si, Seosan-si, Seosan-si, and made a statement to the same effect on the same day when the Defendant made a statement as a witness at the women's office and the office of the Busan Police Station on September 18, 2017. < Amended by Presidential Decree No. 28211, Sep. 18, 2017; Presidential Decree No. 28240, Sep. 22, 2017; Presidential Decree No. 28135, Sep. 25, 2017; Presidential Decree No. 28174, Sep. 27, 2017; Presidential Decree No. 28135, Sep. 30, 2017

However, at the time of fact, the defendant had a sexual intercourse under the agreement between B and his husband, and he was discovered that he had a sexual intercourse with B, and had not been raped from B by assault or intimidation.

In this respect, the defendant committed a criminal punishment against B for the purpose of having B punished.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the defendant;

1. Details, etc. of approval of cards;

1. Investigation report (verification of conversation stored in USB);

1. Application of summary statutes as a result of support for digital investigation;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] The reason for sentencing under Article 62-2 of the Social Service Order Act / [Article 62-1 of the Act / [Article 62-2 of the Act / [Article 62-1 of the Act / [Article 62 of the Act 1] mitigated area (Article 1 of the Act / [Article 62 of the Act ] / The main reason for suspension of execution / The main reason for suspension of execution / The main reason for consideration (affirmative):

In particular, the crime of false accusation against sexual assault is more valuable in that the statement of the victim is an important evidence and it is expected that the victim will be severely punished.

However, it is reasonable to consider the fact that the defendant has been led to confession after the complaint, and that he is against the law.