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(영문) 수원지방법원 안양지원 2013.08.14 2013고단535
무고
Text

A defendant shall be punished by imprisonment for not more than ten 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 November 7, 2012, the Defendant: (a) requested a police officer who is unable to know his/her name and work name at the military police station located in Si/Gun/Dong-dong 848 at Si/Mapo-dong, Si, Si, Si, Mapo-dong, for the purpose of having C punished criminal punishment; and (b) prepared a false complaint using a warranty protocol.

A written complaint states that "The defendant C, on October 23, 2012, is subject to punishment, because he/she forced off clothes and raped in the defendant's low-speed-free vehicle parked in the public parking lot in front of the D apartment in Mapo-si, Mapo-si on the 23:30th day of 2012."

However, the fact was that the defendant and C had sexual intercourse under the agreement, and C had not raped the defendant.

The defendant immediately submitted the above complaint to the police officer who could not know his name at the above military police station and brought C with C.

Summary of Evidence

1. The legal statement of the witness C;

1. Application of the Acts and subordinate statutes governing the Kakao Stockholm content;

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

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

1. Scope of recommendation types based on the sentencing criteria and general operations, and six months to two years (basic areas, October selection);

2. Reasons for suspension of execution - There shall be no criminal records of suspension of execution or more; and

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