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(영문) 청주지방법원 충주지원 2016.06.24 2016고단243
무고
Text

A defendant shall be punished by imprisonment for six 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

The Defendant served as an insurance designer at the point of Samsung Bio-resources B located in Chungcheongnamju as an insurance designer at the same workplace.

On February 4, 2016, while entering into a relationship with C with the husband, it was found to find it in the civil service center of the Chungcheong Police Station around February 4, 2016, and made a verbal report on the false fact about C to a police officer in the name of the person who is not on duty.

On November 2015, C did not have committed an indecent act by force against the Defendant, the following facts: “The report made a kisk on the vehicle of C around the end of November, 2015, kisc and kissc on the kisc and kisc on the chest.”

Accordingly, the defendant was committed for the purpose of having C receive criminal or disciplinary punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. Statement made by the police against the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Investigation report (report on attachment of results of digital analysis of cell phones used by the person under investigation);

1. Application of Acts and subordinate statutes to report on investigation (the analysis of suspect C mobile phone messages);

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

1. Articles 157 and 153 of the Criminal Act to mitigate self-denunciation;

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

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

1. Application of the sentencing guidelines [the types of decisions] fixed crimes, types 1 (general accusation) [the person subject to special sentencing] mitigated elements: Voluntary confession (the scope of decision-making in the recommended sphere and the balancing of recommendations] mitigated areas, one month to one year;

2. The crime of non-determination of sentence requires a strict punishment because the criminal justice body causes unnecessary waste of human resources and causes serious pain to the victim and leads to the exercise of the wrong state penal authority. Among them, sexual crimes are mainly punished, and the investigation is often dependent on the statements of the victim of sexual crimes, and the punishment for sexual crimes is imposed.

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