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(영문) 대구지방법원 김천지원 2016.09.28 2016고단690
무고등
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

1. Around February 11, 2016, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Public Crows) committed an indecent act against the victim at the public bath room located in Jongno-gu Seoul Metropolitan Government E, by enjoying the victim’s sexual organ in the side of the victim’s G (24 years old) on his/her hand, string two times, and the victim returned to his/her home, putting his/her hand in a gate with a high-loud, making the gate back one time, and committing an indecent act against the victim at the public bath where the public is concentrated.

2. On February 11, 2016, the Defendant: (a) made a false statement of accusation stating that “The above G was indecent act on February 11, 2016, by “the Defendant committed an indecent act, such as spreading G’s sexual organ at the F bathing water room located in Jongno-gu Seoul on the same day; (b) thereby punishing the above G as a crime of false accusation; and (c) submitted the above written complaint at the public service center of the police station as a species in the Jongno-gu Seoul Jongno-gu Senior Campaign, Seoul on the same day, to a police officer under his name.”

However, the facts are that the defendant committed an indecent act such as joining the sexual organ of G as above, and that G was not falsely reported.

Accordingly, the above G had the purpose of having the above G receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A complaint;

1. 112 Application of Acts and subordinate statutes to the details of handling reported cases;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (the following grounds shall be considered in consideration of the amount of punishment):

1. The reasons for sentencing in the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant against a male victim, who was divingd in a death penalty or a water surface room, and commits an indecent act by deceiving the sexual organ of the male victim, and exempted the legal liability for the said indecent act, and the nature and circumstances of the crime are not good.

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