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(영문) 부산지방법원 동부지원 2016.12.21 2016고단1859

무고

Text

A defendant shall be punished by imprisonment for one year.

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 June 7, 2016, the Defendant stated to the effect that he was raped by E, a customer, while working in the singing room located in Busan National University Hospital, Seo-gu, Busan National University on 05:30 on the same day, the Defendant made a statement to the effect that “the Defendant was raped by his male-gu,” and that “the Defendant was punished for rape from E, a customer, during the singing room located in Busan National University Hospital, Seosan-gu, Busan National University.”

However, in fact, the defendant only has a sexual intercourse under the agreement with E, and did not have been raped from E.

As a result, the Defendant reported false facts to public offices for the purpose of having E subject to criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of each police suspect with respect to E or F;

1. Statement of each prosecutor's office and police statement concerning the defendant, G, and H;

1. Report on the occurrence of rape incidents, investigation report, investigation report (on-site confirmation and Kaxo between the victim and the suspect), CCTV image CDs, sing points photographs, CCTV-facoox photographs, the contents of CCTV and text messages sent and received by A with E, preparation and report in writing (F), and the application of statutes in Chapter 1 of the CD;

1. Article 156 of the Criminal Act applicable to the crimes and Article 156 of the Election of Imprisonment;

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

1. Article 62 (1) of the Criminal Act (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. The crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is a serious suspicion of rape against others. As such, the crime of this case is not likely to cause bad character of the crime and the necessity of strict punishment for sexual crimes, the act of benefiting himself/herself and raising others as sexual assault also should be strictly punished.