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(영문) 대구지방법원 2020.05.27 2019고단6352
무고
Text

A defendant shall be punished by imprisonment for six months.

except that 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

Around July 18, 2019, the Defendant submitted a written complaint to the public service center of the Glock Police Station, “B, on the convenience store where the Defendant works, rapes with the convenience store, and photographs the face in video, so that the Defendant would be punished.”

However, in fact, the defendant did not have been raped from B at a convenience store, and there was no fact that B had taken rapes.

Accordingly, the Defendant reported false facts to public offices for the purpose of having a criminal punishment imposed upon B.

Summary of Evidence

1. Defendant's legal statement;

1. A petition filed by C (tentative name);

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

1. A statement of withdrawal of complaint;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to be legally mitigated;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [decision of types] and the general accusation [type 1] and mitigation elements (special sentencing person]: Voluntary confession [the scope of recommending area and recommendation range] mitigated area, imprisonment with labor for one month through one year;

3. Determination of sentence: Determination of sentence shall be made in full view of the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the arguments in this case:

Unfavorable circumstances: Crimes are inferior in light of the contents of crimes.

It is necessary to strictly punish the crime because it not only interferes with the state's private rights and appropriate exercise of jurisdiction, but also causes considerable pain and danger to the victim.

did not agree with the respondent.

The favorable circumstances are confession and reflective.

The complaint was withdrawn at the investigation stage, and the accused was not punished.

There is no particular criminal power.

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