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(영문) 춘천지방법원 원주지원 2015.11.25 2015고단733
무고
Text

A defendant shall be punished by imprisonment for six months.

However, 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

1. On December 17, 2014, the Defendant reported that C had been raped by C at the original police station located in 1, YYAEMA at the original police station located in YAEAEMA, and on the same day at around 19:08, the Defendant stated to the effect that “A, around February 2, 2014, exceeded and raped the clothes of the Defendant who was locked under the influence of alcohol in the train, and thus punished,” the Defendant was sexual intercourse with C on the same day, but C did not have raped the Defendant in the train.

As a result, the Defendant reported false facts to C for the purpose of having criminal punishment imposed upon C, and rejected C.

2. Around December 17, 2014, the Defendant reported that he had been raped from D at the original police station located in Donsan-ro 1, Won-si. On the same day at around 20:25 of the same day, the Defendant stated to the effect that “I would have been punished because D was raped because D was discharged from the clothes of the Defendant who was under the influence of alcohol on April 2014” at the criminal and office of the said original police station around 20:25 of the same day, the Defendant was sexual intercourse only under agreement with D, and that D did not have raped the Defendant.

As a result, the defendant reported false facts to D for the purpose of having D punished criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of each protocol of examination of suspect with regard to C and D by prosecution;

1. E prosecutorial statement;

1. A copy of each police statement made by the defendant and F;

1. Application of the Acts and subordinate statutes to a copy of the investigation report (Attachment of mobile phone calls of the victim);

1. Relevant Articles of the Criminal Act and Article 156 of the Criminal Act concerning the crimes;

1. Articles 157 and 153 of the Criminal Act for mitigation of confessions;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for not more than seven years and not more than six months;

2. Application of the sentencing criteria;

(a) Determinations of types: non-high crimes, general;

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