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(영문) 수원지방법원 2017.09.20 2017고단4551
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 05:20 on March 28, 2017, the Defendant made a statement to the police officer called “I am out of, and know about how I am, I am, I am, I am, I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I

However, in fact, the defendant did not lose the spirit of alcohol, and only had sexual intercourses under the agreement with E, and did not have a forced sexual relationship from E.

As a result, the defendant reported false facts to public offices for the purpose of having them receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police against the defendant;

1. A written statement prepared by the defendant;

1. Application of the Acts and subordinate statutes on video CDs, such as the content of the Stockholm exchanged between the former male-gu and the victim, on-site CCTV photographs, etc., photographs of the contents of conversation with each defendant and the victim;

1. Relevant provisions of the Criminal Act, the choice of punishment for the crime, Article 156 of the Criminal Act, and the choice of imprisonment;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to mitigate confessions;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The application of the sentencing criteria (the scope of recommendation) type 1 (the scope of punishment) and the mitigation area (one year of imprisonment or one year of imprisonment), the self-denunciation and confession;

2. The offense of false sentencing is an offense that infringes on the national legal interest, which is a proper exercise of the State’s trial function, and threatens the legal stability of the person under consideration, and thus requires strict punishment of the Defendant. The objective risk of the instant offense is large, and the Defendant is to receive money from the person under consideration of agreement.

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