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(영문) 춘천지방법원 원주지원 2019.03.28 2018고단1254
무고
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

When the Defendant came to know of the relationship with the husband C, which is one of the husbands of the Defendant, with B, he thought that B was rape in order to discontinue the relationship with B.

Around March 19, 2018, the Defendant submitted a complaint to the effect that “the Defendant was raped from B” at the Hanju Police Station located in 1, Goju-ro, Goju-si, Goju-si, and on the 27th of the same month, the Defendant appeared at the above police station and made a statement to supplement the complaint and made a statement on February 1, 2018 from B.

2. 15.15.2

2. A police officer was raped.

‘The statement was made’.

However, the defendant on February 1, 2018 and the same year.

2. There was no fact that Habman had met with B, and there was no fact of sexual intercourse with B.

As a result, the defendant raised B without criminal punishment for the purpose of having B punished.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement against the defendant;

1. Examination protocol prepared by the prosecution concerning B;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports (attached to currency details, etc.);

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Articles 157, 153 and 55 (1) 3 (Confession) of the Criminal Act for statutory mitigation;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. The scope of punishment by law: Imprisonment for one month to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [decision of types] and the general accusation [type 1] and mitigation elements (special appearance]: Self-denunciation and confession [the scope of recommending area and recommendation range] mitigated area, imprisonment with labor for one month through one year;

3. As a result of the determination of the sentence above, the charge that interferes with the appropriate exercise of the national judicial power by the accusation, and gives considerable mental suffering to the person under no duty, and the charge that did not receive a letter from the person under duty, is disadvantageous to the defendant.

However, there is no significant result of detention or prosecution against B, and there is no record of criminal records of the same kind and the suspension of execution.

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