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(영문) 서울북부지방법원 2016.09.09 2016고단2024
무고
Text

A defendant shall be punished by imprisonment for not less than eight 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

On October 21, 2013, the Defendant prepared a false complaint with respect to C using a computer by using a sick box for the purpose of having C receive criminal punishment from the public service center of the Seoul Northern Police Station located in the Gangnam-gu Seoul Metropolitan Government.

The complaint filed "The defendant C was sexual assaulted on August 21, 201 by the complainant who lost his awareness."

After that, the defendant's complainant threatened the complainant's husband and his family member to know the relationship between the complainant and the defendant's wife, and the complainant who is hotly hotly transferred the amount of KRW 5,580,000 to the defendant's wife nine times from August 23, 201 to November 2, 2011.

"........"

However, in fact, the defendant was sexually related under the agreement with C, and he was only lent money to C, and there was no transfer of money to C with the intimidation.

Accordingly, on October 21, 2013, the Defendant submitted a written complaint to a police officer who is unable to know his/her name in the public service center of the Gangnam Police Station, and filed it with C.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Article 157, Article 153, and Article 55 (1) 3 of the Criminal Act to mitigate self-denunciation;

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] The mitigated area (one month or one year from January to one year), the self-denunciation and confession [Pronouncement of sentence] of the mitigated area (the person subject to special mitigation] / the confession [decision of sentence] is an bad crime undermining the fairness of judicial proceedings and undermining the risk of criminal punishment against the defendant, and should be subject to strict punishment.

However, in consideration of the fact that the defendant is the first offender and the mistake is recognized, the punishment as per the disposition shall be determined.

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