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(영문) 수원지방법원 2014.09.17 2013고단5206
무고
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On July 14, 2013, the Defendant prepared a complaint stating false facts that “A, the Defendant, at the Dongdong Police Station, 596, had sexual intercourse with C and had been raped under the agreement with C, the Defendant made a statement to the head of the Sungdong Police Station to the effect that “A, the Defendant, at around 12:00 from July 12, 2013 to 15:00, would have sexual assault to himself at his own residence located in Da apartment 103 202, Osan-si, U.S., 103, 202, the Defendant made a statement to the head of the Sungdong Police Station to the effect that C was punished.” On the same day, the Defendant submitted and received it to the head of the Sungdong Police Station, and around 07:58 on the same day, he made a statement to the above purport at the Gyeongginam District Support Center located in the Gyeongginam University located in the Sin University, 206.

Summary of Evidence

1. Each police statement of the defendant;

1. Examination protocol of suspect C by the prosecution (including F statement section);

1. A criminal investigation report (to attach a closure screen ofCCTV);

1. The application of Acts and subordinate statutes to the investigation report (suspect C mobile phone analysis) (In light of the criminal records of the defendant before and after the date on which the defendant asserts that he was sexual assaulted by C, the text message sent by the defendant to C before and after the instant case, the relationship between the defendant and C, and the circumstances in which the defendant raised a complaint against C, it is difficult to view that the contents of the complaint filed by the defendant constitute a simple exaggeration of circumstances.)

1. Relevant Article of the Criminal Act and Article 156 of the Criminal Act concerning the selection of punishment;

1. A fine of 3,00,000 won for which the sentence is suspended; and

1. Articles 70 and 69 (2) of the Criminal Act (100,000 won per day);

1. The crime of this case on the grounds of sentencing under Article 59(1) of the Criminal Act of the suspended sentence is highly likely to be subject to criticism in that it impedes the appropriate criminal justice of the State and causes another person to be at risk of unfair criminal punishment.

However, in the course of settling the defendant as a new citizen in Korea, culture and economy.

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