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(영문) 서울서부지방법원 2019.03.27 2018고단4451
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

[Criminal Power] On July 26, 2018, the Defendant was sentenced to a suspended sentence of four years and 80 hours, to attend sexual assault treatment programs for 4 years and 80 hours, and to a community service order for 80 hours at the Seoul Western District Court on June 2018, and the judgment becomes final and conclusive on August 3, 2018, and is currently under suspended sentence.

【Criminal Facts】

On August 2017, the Defendant got a criminal investigation of B, such as quasi-rape and quasi-Rape with B, etc., and had the Defendant denied his suspicion and had the intent to file a false complaint against B.

Therefore, the Defendant, around December 2017, at the D Office located in Guro-gu Seoul Metropolitan Government, made a false statement to the effect that, although the Defendant committed a quasi-rape, etc. against B from the main point of “F” in the operation of the Defendant located in Mapo-gu Seoul Mapo-gu around August 21, 2017, the Defendant made a false statement to the effect that “B did not commit any quasi-rape, etc. against B, but it reported to the investigative agency that there was any injury, such as quasi-Rape, etc. from the Defendant, and reported to the Defendant to the effect that B caused any false rape, etc. from the Defendant,” the Defendant made a false statement to the attorney-at-law using the computer, and submitted the above written complaint to the public prosecutorial office of the Seoul Mapo-gu Seoul Metropolitan Government public prosecutorial office on December 15, 2017

As a result, the Defendant reported false facts to public offices for the purpose of having them punished.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement against the defendant;

1. A complaint;

1. Investigation report (Attachment to the judgment of a suspect in cases of quasi-rape, etc.), application of court rulings and other statutes;

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

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Social service order under Article 62-2 of the Criminal Act;

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