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(영문) 대구지방법원 포항지원 2018.02.21 2017고단201
무고
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 2016, the Defendant drafted a written complaint against B in the Port of the Republic of Korea located in 1001 as it was in the north-gu Dong-gu, Ma-gu, 201, with the aim of having B receive criminal punishment.

The written complaint was the content that “the Defendant was sexually abused from B during the period from March 2013 to May 2015 in the same prison.”

However, there was no fact that the defendant was sexual assaulted by B.

Nevertheless, around August 18, 2016, the Defendant sent a false complaint to the Seoul Central District Public Prosecutor's Office, which is located in 158, according to the distribution of Seocho-gu Seoul Metropolitan Government, to the Seoul Central Public Prosecutor's Office by mail and dismissed B.

Summary of Evidence

1. A protocol concerning the suspect B of the police;

1. Statement made by the police against the defendant;

1. Complaint;

1. Application of Acts and subordinate statutes to requests for cooperation with investigation, replies, and registers of confinements;

1. Article 156 of the Criminal Act applicable to the facts constituting an offense and Article 156 of the choice of punishment;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to be mitigated by law (a confession made at an investigative agency when preparing a statement which is an accusation);

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is that the defendant was deprived of another prisoner in prison life, and that the contents of the defendant was sexual assault committed over several times in prisons among prisons. However, there is no good character to commit a crime. However, since the defendant's withdrawal of a complaint and made a statement to the purport of confession after being investigated by an investigative agency because the defendant was not long after his/her death, the defendant did not want the punishment of the defendant, and the defendant was under psychological anxiety conditions favorable to the defendant, such as attempted suicide during prison life, etc., the sentence shall be determined as ordered in light of normal circumstances of the defendant.

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