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(영문) 서울동부지방법원 2015.06.24 2015고단705
무고
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 2014, the Defendant prepared a false complaint against D using computers and liftss for the purpose of having D receive criminal punishment at the home of the Defendant in Seoul Jung-gu, Seoul, and having D receive criminal punishment.

A written complaint states that "a defendant D, who was a defendant, was forced to attract a woman on May 28, 2014, rapes the complainant, and punished for rape several times by threatening the market merchant to "the relationship between two parties" thereafter. However, the defendant was sexual intercourse with D while maintaining the relationship with D, and the defendant was forced to feel the relationship between two parties from his husband, and there was no fact that he was raped from D.

Nevertheless, on November 8, 2014, the Defendant submitted a criminal complaint to the Seoul Songpa Police Station and the office located in Songpa-gu Seoul, and reported false facts to public offices and reported D.

Summary of Evidence

1. Defendant's legal statement;

1. D's statement among the suspect interrogation records of the prosecution concerning D;

1. Each police statement of the defendant;

1. A complaint;

1. Application of digital evidence analysis report, smartphone restoration photographs, and Acts and subordinate statutes of a record;

Article 156 (Selection of Imprisonment or Imprisonment)

1. The grounds for sentencing under Article 62(1) of the Criminal Act [the scope of recommending sentence] Article 62(1) of the Act on the Suspension of Execution and the basic area (6-2 years) (6-2 years) of the Act on the Suspension of Execution and the defendant is the primary

The accused has revoked the complaint at the investigation stage, and is in depth divided.

In addition, the defendant does not want to punish the victim by concluding an agreement with the victim.

In addition, the punishment shall be determined by comprehensively taking into account all the circumstances, such as the details leading to the crime and the circumstances after the crime.

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