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(영문) 광주지방법원 목포지원 2017.06.27 2017고단524
무고
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On March 7, 2016, the Defendant prepared a false complaint with the purport that “A made an indecent act by force with dancing in conformity with the view of this C” in the military prison located in Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si, the Defendant made a false complaint stating that

However, on March 7, 2014, the Defendant was waiting to sit at a luminous, high speed terminal located in 904, Seo-gu, Gwangju, Seo-gu.

C was forced to commit an indecent act according to his own inception.

Nevertheless, around March 8, 2016, the defendant submitted the above complaint to the Gwangju District Public Prosecutor's Office located in Gwangju Dong-gu, 7-12 by mail.

As a result, the defendant made a false accusation for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the public prosecutor on the victim to the public prosecutor, and statement made by the public prosecutor on D;

1. Complaint;

1. A written inquiry about the progress of a trial by the Supreme Court (No. 41 again No. 2015) and the application of statutes (Evidence No. 13,14)

1. Article 156 of the Criminal Act applicable to the facts constituting an offense and Article 156 of the choice of punishment;

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

1. The range of the recommended punishment [the scope of the recommended punishment] according to the sentencing criteria, Type 1 (General Dismissal) (one month to one year) in the mitigation area (the person subject to special mitigation], self-denunciation and confession;

2. Determination of sentence: The crime of false accusation in April is not only actively infringing on the criminal justice function, but also requires strict punishment for the crime of causing a person who is in danger of having a person who is in danger of having a person who is in danger of having a criminal punishment. The defendant recognized the crime of forced indecent act against a person who is in danger of having a person who is in danger of having a criminal punishment. The defendant appears to have been in favor of the defendant in sentencing. However, this case against the person who was in danger of having a criminal punishment after the relevant judgment became final.

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