(영문) 광주지방법원 목포지원 2016.02.16 2015고단1472

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(영문) 광주지방법원 목포지원 2016.02.16 2015고단1472

무고

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 4, 2015, the Defendant made a false report to C at the Southern Sea Center, which is located in the Southern-si, Chungcheongnam-si, Nam-do.

The report on the damage was about the following facts: “A sexual intercourse with the Defendant on January 25, 2015, which resulted in rape of the Defendant,” and the fact was only about the fact that the Defendant had sexual intercourse with the Defendant under the agreement with C, and there was no fact that C had raped the Defendant.

Nevertheless, around March 4, 2015, the Defendant filed a false report on the damage from the Southern Sea Center of Southwest-gu, Seoul, with a slope D as above.

In this respect, the defendant made a false accusation for the purpose of having C receive criminal punishment.

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 police statement law to the defendant;

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

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to mitigate confessions;

1. Grounds for sentencing under Article 62(1) of the Criminal Act (Reasons for sentencing as follows)

1. Determination of types of crimes: One type (general accusation);

2. Determination of the scope of sentence: Determination of the sentencing range: The sentencing range for the accused shall be set within the scope of the recommended punishment set in the sentencing guidelines, taking into account the following factors: (a) it appears that the accused who made the decision of sentencing (a person who has been specially mitigated: Confession) 3 is recognized to have committed the instant crime late at the latest, and the mistake appears to have been divided; (b) C does not want the punishment for the accused as agreed upon by C; (c) the accused has no record of criminal punishment for the same kind of crime previously committed; and (d) the accused has no record of criminal punishment for the same kind of crime; and (e) the accused

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