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(영문) 인천지방법원 부천지원 2018.03.23 2017고단1882
무고
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

On January 17, 2017, the Defendant quasi-rapeed the suspect who met the Ethmbel 508 of the Felur 23:00 on December 29, 2016, at the Bupyeong-si Police Station, “C this Dolle D”.

“The fact was reported to the effect that “A” was made, and at around 00:14 on the same day, at the G Team office of the Seocheon-gu Seoul Special Police Station G Team, the Defendant made a false statement with the same content to the slope H who is investigating the case of quasi-rape 3. However, the fact was that the Defendant did not take place at the time and was her child, and was sexual intercourse with C, and that there was no rape from C.

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. Statement made by the police against the defendant (1, 2 times);

1. Application of Acts and subordinate statutes to C of a protocol concerning suspect interrogation of the police;

1. Article 156 of the Criminal Act and the choice of punishment for the crime;

1. Articles 157, 153, and 55 (1) 3 (Confession) of the Criminal Act mitigated by law;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The offense of false sentencing under Article 62-2 of the Social Service Order Criminal Act requires strict punishment as an offense that interferes with the appropriate exercise of the State’s penal authority or disciplinary authority and causes a person who is in danger of unreasonable criminal punishment or disciplinary action. In particular, the offense of false reporting a person who is in danger of being in danger of criminal punishment or disciplinary action is the main evidence of the victim’s statement, the serious criminal punishment is the offense accompanied by strict criminal punishment, and the defendant makes a false statement at an investigative agency several times, and the nature of the offense is very poor.

However, this court recognizes the defendant's mistake, and the accused does not want the punishment of the defendant, and there are no other special criminal records, in addition to several times of fines, the circumstances such as the defendant's age, sex, environment, etc. and the conditions of sentencing as shown in the records and arguments.

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