beta
Text
Defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Criminal facts
Around April 2013, the Defendant introduced E to C (masts D). On May 2013, 2013, the Defendant introduced C to C (masts D), “A person who sexual intercourse with E, files a complaint for rape, and received a settlement of agreement in the unit of detention, because E has many property,” and C had C feel to file a complaint for rape and sexual intercourse with E.
The defendant, around June 27, 2013, had C submit a written complaint to E to the Gyeonggi Gyeonggi Police Station located in the 1338 Sinsan-dong in the center of Ilyang-gu, Jungyang-gu.
The statement of the complaint was that " around June 21, 2013, around 8:00 p.m., at the 201.6. 21. 201. 200 p.m., rape from E, which was punished by being aware of it, in a sobry Gump parking lot around the F.m.
However, there was no rape from E in fact C.
As a result, the Defendant had C file a false complaint against E, and instigated a false accusation.
Summary of Evidence
1. Statement by the defendant in court;
2. Examination protocol of suspect C by the prosecution (second time);
3. Statement by the prosecution against E;
4. Application of Acts and subordinate statutes to copies of complaint;
1. Relevant legal provisions concerning facts constituting an offense, and Articles 156 and 31 (1) of the Criminal Act of the option of criminal punishment;
2. The crime with no reason for sentencing under Articles 157, 153, and 55(1)3 of the Criminal Act for statutory mitigation is an element of sentencing that is disadvantageous to the defendant, in light of the motive, method, and content of the crime, and the criminal suspicion (hereinafter “juvenile rape”), and the fact that the crime is highly bad in light of the motive, method, and content of the crime, and the accused’s criminal suspicion (hereinafter “Juvenile Rape”), etc., that is, there is a need to strictly punish the accused, as it may lead to a false exercise of the State’s penal authority if the latter is erroneous.
On the other hand, the defendant is the case.