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(영문) 대구지방법원 2016.08.10 2016고단2416
무고
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On December 12, 2015, the Defendant: (a) at the Daegu Libera Center located in Seogu, Daegu, Seo-gu, for the purpose of having C take criminal punishment; (b) “Around October 25, 2013, under the influence of a workplace C, who was under the influence of a criminal defendant, towing the defendant into Ecomna in Daegu-gu, Jung-gu, and then, he was off the defendant’s bar and pantyty; (c) the defendant was able to resist due to diving, taken the defendant’s name and brogate up to the defendant’s title; (d) the defendant’s chest was fluenced with the defendant’s chest, and (e) the defendant resisted with C’s head with kne or kneb with C’s head with the defendant’s shoulder’s kne in the bridge; (e) the defendant’s body and the defendant made a statement to the effect that the defendant’s rape was punished for rape; and (e) the defendant’s sexual intercourse was changed.”

However, in fact C has not been raped at the above time and place.

Accordingly, the defendant reported false facts to public offices, and made a false accusation.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. Statement made by the police against the defendant;

1. A complaint;

1. Application of Acts and subordinate statutes to a criminal investigation report (limited to text messages and data submitted by the accused), and a criminal investigation report (limited to text messages sent by the complainant to the suspect);

1. Relevant provisions of the Criminal Act, the choice of punishment for the crime, Article 156 of the Criminal Act, and the choice of imprisonment;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act (in cases of confession, etc.) of the Criminal Act mitigated by law;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommending punishment] Class 1 (General Incompetence) (1 month-1 year-1 year) (the person subject to special mitigation], and confession [Pronouncement of sentence] in this case, the Defendant’s act of rape committed closely between rape and victim, and thus, the victim’s statement is very important.

First, it shall take precedence.

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