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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산지방법원 2019.01.09 2018고단4164
무고
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person who has worked as a dietitian for staff restaurant of B hotel C located in Busan Jin-gu, and is a person who was working with E.

On December 20, 2017, the Defendant reported to the effect that “the Defendant was raped from E” by leaving the phone at the 112 Crime Report Center in the Busan East-gu Office, Busan-gu, and subsequently being investigated at H in the first floor of G Hospital located in F in the Busan-gu, as a victim’s qualification, the Defendant stated to the effect that “I” was punished for rape by putting the Defendant’s chest out of the K main toilet located in the Busan-gu, Dongdong-gu, Busan-gu, on December 20, 2017, after receiving the investigation from the first floor of G Hospital in the G Hospital located in F in the G Hospital in the Busan-gu, as the police officer was in the capacity of victim.

However, the above time and time, the defendant did not have been raped from E.

As a result, the defendant reported false contents to the public official for the purpose of having the public official receive criminal punishment of E, and made a false report to E.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of investigation report (a copy of the records of rape of a complainant E) Acts and subordinate statutes;

1. The applicable Article 156 of the Criminal Act concerning the facts constituting the crime, the reason for sentencing selecting imprisonment;

1. Scope of recommendations - The increased area (one to four years) of Category 1 (General Dismissal) - Persons under special guard: the results of serious damage;

2. Determination of sentence;

A. The fact that the defendant was the first offender and is led to the confession of the crime in this court, and that the respondent was determined to have no suspicion at the prosecution investigation stage is the circumstances favorable to the defendant.

However, considering the following circumstances, it is deemed that the defendant needs to be punished accordingly.

The crime of false accusation is not only a crime that interferes with legitimate criminal justice procedures, but also causes serious damage to a person who is in danger of death, and in particular, it is another crime that has been raped.

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