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(영문) 의정부지방법원 2018.01.05 2017고단5038
무고
Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant is the relationship heed between B and C from July 2016 to July 2017.

On July 23, 2017, the Defendant reported a crime of 112, which read, “At the house of the former male-child-gu (B) before one hour, the former male-child Gu forcedly had sexual intercourse,” and on July 23, 2017, the Defendant was examined as the injured party at the Gyeonggi-do Center in the Gyeonggi-do, North Korean-dong, Do, Do, 142 located in the 142 Epick line of the Government on July 23, 2017, and stated to the effect that “B was out of the clothes of the Defendant, resulting in fighting with B and the Defendant’s her body, and was out of the Defendant’s bar,” which read to the effect that “B exceeded the Defendant’s bar.”

However, in fact, at around 04:00 on July 23, 2017, at the house B of 202 of the building D located in Speaker-si around 04:00, B was defective in the sexual relation with the defendant, and the defendant was exempted from clothes on his own, and the defendant was inserted into the part of the defendant's sound.

Accordingly, the defendant reported false facts to the public official B for the purpose of having the criminal punishment imposed.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Protocol concerning the examination of suspect B (including the part concerning the statement of the defendant);

1. Statement made by the police against the defendant;

1. B written statements;

1. Application of Acts and subordinate statutes to report on investigation (verification of reports filed by suspects and victims);

1. Relevant legal provisions and Article 156 of the Criminal Act concerning criminal facts;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to mitigate confessions;

1. Reasons for sentencing under Article 62(1)(the following favorable circumstances) of the Act on the Suspension of Execution [Scope of Recommendation] (Article 62(1)(the scope of Recommendation] (Article 62(1)(Article 62)(Article 62(1)(Article 62)(Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1))(Article 62(1)(Article 62(1)(Article 62(1))(Article 6

However, the defendant made a confession of crime and made a mistake in depth.

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