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(영문) 대구지방법원 2020.02.14 2019고단6497

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around August 2018, the Defendant had been accused of false accusation against C to the effect that the Defendant was raped by C in order to escape the Defendant’s husband’s her her husband from being forced to enter into an internal relationship with C.

Accordingly, the defendant on August 13, 2018, at the Daegu Dong-dong Police Station civil petition office located in 209, Daegu-gu, Daegu-gu, Chungcheongnam-gu, Seoul-do, and "C from August 6, 2018.

8. up to October, 190, raped three times.

Around August 19, 2019, at the Daegu Regional Police Agency D, a statement was made to the effect that, in addition to the above facts of the complaint, C would not have sent the above facts to slope E by affixing his/her chest photograph on August 6, 2018, he/she would be punished because he/she could make a threat, such as making him/her a bath to the Kakakao Stockholm message, and sending the photograph from his/her chest to C by posting his/her chest.

However, in fact, the defendant did not have been raped by C because he had established a sex relationship under the agreement with C, and the above chest photographs were voluntarily transmitted by the defendant to C, but did not have been forced by C to transmit the chest photographs.

As a result, the defendant was arrested for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. The first and second trial records of the cases of Daegu District Court 2019 Height1650, each of the trial records, the protocol of examination of witness to the accused, and the record of recording thereof;

1. A complaint filed by the F;

1. A copy of the police statement against F (Evidence Nos. 16, 17);

1. Court rulings (Tgu District Court 2019 Height1650); and

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: One to five years of imprisonment;

2. The scope of recommendations according to the sentencing criteria (a decision on types of punishment);