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(영문) 인천지방법원 2013.05.23 2013고단1927
무고
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 30, 2012, the Defendant prepared a false complaint with respect to C using a verification color pen in a paper A4 for the purpose of having C criminal punishment at the general civil petition office of the Incheon Southern-dong Police Station located in Man-dong, Incheon Metropolitan City.

The criminal complaint statement "A, who is the defendant, is the chief of the news report room working for the complainant, from May 201 to November 28, 2012, and from around May 2012 to around December 2012, the criminal complaint statement stating that "A, who is a defendant, has forced the complainant to sexually assault and commit indecent acts several times between the complainant and the defendant, has been punished," and that C was only sexual intercourse under the agreement with the defendant, and there was no fact of coercion or indecent act of the defendant.

Nevertheless, at around 15:00 on November 30, 2012, the Defendant submitted the above complaint to the police officer who is unable to know his name at the general civil petition office of the Southern East Police Station and filed the complaint with C.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect C by the prosecution;

1. Application of the Acts and subordinate statutes governing the withdrawal of a complaint;

1. Article 156 of the Criminal Act applicable to the crimes and Article 156 of the Election of Imprisonment;

1. Articles 157, 153, and 55 (1) 3 (Confession) of the Criminal Act, which are statutory mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., that the defendant is led to a crime and reflects, that the defendant has withdrawn complaint from the investigative agency

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