logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2019.09.20 2019고단2004
무고
Text

A defendant shall be punished by imprisonment for four 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 March 31, 2019, the Defendant filed a false report with respect to C, stating that “A man who is strings the car of the man who is strings with strings and breasts, who are strings with strings, fucks, who come to the her hand, and after having her eating and eating, the male tried to get out of his clothes, and led him to buckbucks and breasts.” On the same day, the Defendant submitted a written statement to the Mapo Police Station on the same day, and even after being investigated by the Mapo Police Station on April 1, 2019, the Defendant was forced to commit indecent act as above by force from C.

However, as stated above, the Defendant did not actually receive indecent acts by compulsion, but did not request a hotel entered with C to leave the hotel and to bear half of the hotel fees from C. However, the Defendant reported as mentioned above.

As a result, the defendant was arrested for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the interrogation protocol of the prosecution to C;

1. Article 156 of the Criminal Act applicable to the crimes;

1. Articles 157, 153, and 55 (1) 3 (Confession) of the Criminal Act, which are statutory mitigation;

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. The scope of the recommended punishment according to the sentencing guidelines (the determination of a type) [the category 1] general accusation (the special appearance person] mitigation element: Voluntary confession (the scope of the recommended area and the recommendation range) mitigated area, and one month to one year;

3. The crime of this case in which the sentence of sentence is determined is falsely reported by the defendant that he was subjected to indecent act by compulsion, and thus, it should be treated as a serious crime corresponding to the serious crime committed by indecent act by compulsion.

Meanwhile, since 2010, the Defendant has been receiving medical treatment due to depression, etc., as stated in its ruling.

arrow