(영문) 대전지방법원 2017.03.23 2017고단111

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(영문) 대전지방법원 2017.03.23 2017고단111

무고

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 29, 2016, at around 13:00, the Defendant reported to the police officer who received the Defendant’s phone from the Defendant by phone 112 from the Defendant’s cell phone in the vicinity of the Daejeon Seodong-gu, Daejeon to the effect that “the Defendant was subject to sexual assault from E”. On the same day, at around 14:40 of the same day, the Defendant was investigated into the victim of rape from the slope G affiliated with the F of the Police Agency of the Daejeon Daejeon District Police Agency on August 29, 2016 at the Support Center for the Victims of Sexual Violence in Daejeon, Daejeon to the effect that “On August 29, 2016, 200: (a) was raped after the Defendant was unable to forcibly take part in body from the Defendant’s cell phone 201, which is located in Daejeon Seodong-gu, Daejeon, and that there was no sex relationship between the Defendant and E.

As a result, the defendant reported false facts to police officers for the purpose of having them receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. E statements;

1. 112 Statement on the handling of reported cases, and detailed statement on the handling of reported cases; and

1. Consent form and stenographic record of the statement of victims of sexual assault;

1. The application of the H dialogue and the Acts and subordinate statutes governing the telephone details;

1. Article 156 of the Criminal Act applicable to the facts constituting an offense and Article 156 of the choice of punishment;

1. The reasons for sentencing under Articles 157, 153, and 55(1)3 of the Criminal Act for mitigation of confessions include: (a) the Defendant committed the instant crime; (b) the fact that there is no record of having been punished for any other crime other than the separate crime (the same type of crime) currently being tried by the Defendant; (c) the fact that there is a serious criminal that may endanger the adequate judicial function and trial function of the State; (d) the Defendant’s act without prejudice that the victim became subject to investigation and suffered considerable pain during the course of the investigation; (d) the Defendant did not agree with the victim; and (e) the Defendant was unable to make efforts to recover damage to the victim.

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