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(영문) 창원지방법원 2016.01.27 2015고단2737
무고
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

around 10:00 on April 28, 2015, the Defendant submitted to the Changwon Police Station located south of the window of Changwon-si, Changwon-si, 2015, a written statement stating that “A victim C, who had a relationship with himself, continued to have had a sexual intercourse with himself/herself and his/her family members even after he/she had been in contact with himself/herself, and, under the agreement with the said victim, was raped in the early November 2013 by means of hiding the fact that he/she had a sexual intercourse with him/her, making it impossible for him/her to resist his/her own neck and tear his/her clothes.”

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect with regard to C;

1. Each police statement made in relation to D;

1. Application of Acts and subordinate statutes to a criminal investigation report (including the text of a letter submitted by the person to whom such report is made) and a criminal investigation report (the monetary details analysis);

1. Article 156 of the Criminal Act and the choice of punishment for the crime;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to be mitigated by law;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] 1 type / [Specially mitigated Persons] / Voluntary Confession and confession [Pronouncement Decision] / Defendant / Defendant / Defendant / Defendant / Defendant / Defendant / Defendant / Defendant / Defendant / Defendant / Defendant / Defendant / Defendant / Defendant / Defendant / Defendant / Defendant / Defendant / Defendant / Defendant / Defendant / Defendant / Defendant / Defendant / Defendant / Defendant / Defendant / Defendant / Defendant / Defendant / Defendant / Defendant / Defendant / Defendant / Defendant / Defendant / Defendant / Defendant / Defendant / Defendant / Defendant

However, since the police investigation stage, the defendant has led to the confession of his mistake and the criminal punishment has not resulted in serious damage to the victim. The defendant is the first offender who has no criminal history.

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