logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2015.04.17 2015고단22
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

On March 28, 2014, around 19:00, the Defendant drafted a false complaint with respect to C at the Jeju Stosaw Support Center on the second floor of “Korea Hospital” in the second floor of “Korea Hospital.”

The accusation states that “the Defendant was raped once by taking advantage of a state in which the complainant’s body could not be divided by drinking alcohol at the Esing shop room located in D at Jeju on March 28, 2014 between 01:00 to 02:00,” and that “C naturally and naturally talked with the Defendant and had sexual intercourse and had sexual intercourse with the Defendant.”

Nevertheless, the defendant submitted a written complaint to police officers whose name is unknown at the above date, time, and place, with the purpose of having C receive criminal punishment.

Summary of Evidence

1. Examination protocol of suspect C by the prosecution;

1. The prosecutor's statement against the defendant;

1. Each police statement of the defendant and F;

1. A criminal complaint prepared by the defendant;

1. Investigation reports (the chief of an appeal and details of acceptance of supplementary records);

1. Application of CCTV-related Acts and subordinate statutes;

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, the sentencing guidelines set forth in the sentencing guidelines (the range of recommendations, sentences 1, 1 (General Accusation), basic areas, 6-2 (years of imprisonment) and the following circumstances are considered as the order. The favorable circumstances are as follows: (a) the Defendant’s non-prosecution was not prosecuted due to the Defendant’s failure; (b) the Defendant’s failure to prosecute him; and (c) the first offender is disadvantageous: (a) the state’s failure to actively infringe on the criminal justice function; and (d) the Defendant’s failure to commit the crime is at risk of criminal punishment; and (b) the Defendant appears to have suffered considerable mental pain; and (c) the motive and circumstances leading to the instant crime are as follows.

arrow