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(영문) 창원지방법원 2016.11.16 2016고단2749
무고
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 25, 2016, the Defendant prepared and submitted a written complaint with respect to C to the Kim Young Police Station located in 175, Kim Young-si, Kim Jong-si, Kim Jong-si, 175, and made a statement about the circumstances of rape.

The Defendant stated that “C, around 03:00 on February 23, 2016, had D drink drink to drink himself/herself, and Kimhae-si E and Felel go through his/her resistance, and he/she forced himself/herself to take her from his/her resistance, and he/she was forced to take her sexual intercourse for 2 weeks while committing rape, and subsequently, he/she was forced to take sexual intercourse again,” and stated that C was punished.

However, on February 23, 2016, there was no fact that C had the Defendant take drinking at a detention around 03:00, and the Defendant himself entered the above telecom with C and entered the above telecom and became sexual intercourses twice under the agreement.

Nevertheless, the Defendant filed a false charge of rape with the intent of having C be subject to criminal punishment, which led C to a false charge that the Defendant sustained rape as above.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to written complaint and statement of victim;

1. Article 156 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Articles 157, 153, and 55 (1) 3 (i.e., confession) of the Criminal Act mitigated by law;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment] Type 1 (General No.1 to 1 (1) (the person subject to special mitigation) of the mitigation area (the decision of sentence], self-denunciation and confession (the decision of sentence], the primary offender, and the circumstances constituting the sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, family relationship, family relationship, home environment, motive and means of crime, and circumstances after crime, shall be determined as ordered in consideration of the following factors.

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