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(영문) 대구지방법원 2016.08.18 2016고단2415
무고
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 10, 2016, the Defendant: (a) at the Daegu Libera Center located in Seogu, Daegu, Seo-gu, for the purpose of having a criminal punishment imposed upon B; (b) made the Defendant engage in sexual intercourse once after having the Defendant d, within the room located in Daegu-gu, Daegu-gu, Seoul-gu, under the purpose of having the Defendant take a criminal punishment; and (c) made the Defendant engage in sexual intercourse once more than twice, such as having the Defendant take the hack of the hackbro where the Defendant was suffering, and having the Defendant do sexual intercourse once after having the hacking the hacks of the hackbro that the Defendant was suffering; and (d) during that process, B made sexual intercourse with the body of the Defendant, by assaulting the Defendant’s finger by inserting his finger, etc.; and (e) caused damage to the Defendant to the effect that B punished for rape.

However, in fact, the defendant was merely sected with B from November 17, 2015, and there was no rape between B and the defendant.

Accordingly, the defendant reported false facts to public offices, and made a false accusation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the defendant;

1. A protocol concerning the suspect B of the police;

1. Each investigation report (applicable to a list of evidence 6,8,10,12,13) statute;

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

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act (in cases of confession, etc.) of the Criminal Act mitigated by law;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of the recommended sentence] Class 1 of the Act on the Suspension of Execution [the grounds for sentencing under Article 62(1) of the Criminal Act [the scope of the recommended sentence] [the person subject to special mitigation] the number of self-denunciation and confession [the person subject to special mitigation] as follows: Determination of sentence]; circumstances constituting the sentencing conditions in the records of this case, such as the age, sex, sex, family relationship, family environment, motive and means of the crime; and circumstances after the crime, etc., shall be determined as ordered

Unfavorable circumstances: The Defendant reported to the effect that she was raped from a person who was sexually in a sexual intercourse under the agreement.

The above crimes committed by the Defendant are committed.

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