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(영문) 대구지방법원 서부지원 2014.02.06 2013고단1460
사기
Text

A defendant shall be punished by imprisonment for six 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

On March 4, 2013, the Defendant: (a) prepared a false complaint on D at the Daegu Pacific Police Station's Office and the Intelligent Criminal Investigation Team's Office located in Daegu-gun, 321-1; (b) submitted the above complaint to E by the police officer in charge; and (c) filed a false statement on D with E by the police officer who investigates the above complaint case.

Around June 20, 2011, the accusation and oral report were raped D at the “G office located in F in Daegu-gun District of the Republic of Korea,” and D was raped on July 201, 201, and D was parked on the road near the World Cup stadium located in Daegu-gu, Daegu-gu. On January 2012, 201, D was parked on the 843 public vehicle located in the Gyeong-gu, Daegu-gu, Gyeong-gu, and had been raped during the pertinent two-day period of medical treatment. Around October 2012, D was subject to indecent act by compulsion from the above “G office” to D, and there was no agreement from June 20, 2011 to November 17, 2010 that D was subject to punishment for rape with the Defendant or sexual intercourse, and thus, D was punished under the agreement to D’s sexual intercourse.

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

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Application of Acts and subordinate statutes to the suspect examination protocol of D to prosecution;

Article 156 (Selection of Imprisonment or Imprisonment)

1. Statutory mitigation (self-confluence) under Articles 157, 153, and 55 (1) 3 of the Criminal Act;

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

1. Article 62-2 (1) of the Criminal Act regarding community service order;

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