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(영문) 대전지방법원 2018.09.05 2017고단2557
무고
Text

A defendant shall be punished by imprisonment for one year.

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 December 23, 2016, the Defendant visited female juveniles at the Seo-gu Daejeon Police Station and female juvenile investigative team office on December 23, 2016, and the purport of the Defendant’s statement was that “B was raped on nine occasions in total from September 14, 2016 to December 17, 2016,” and specifically, around 08:0, around 06:30 on October 1, 201, at the house of the Defendant from 0: 0 on October 6, 200 to 0: 0 on July 6, 201, up to 0: 0 on October 1, 201, up to 0: 0 on July 6, 201, up to 0: 0 on July 1, 201, between G 00 to 05: 07: 00 on September 6, 201, between G 10 and 06: 00 on May 16, 20106.

However, the defendant had not been raped by B, and the defendant was raped by

At the time of assertion, sex relations between B was conducted with mutual consent.

Nevertheless, the Defendant made a statement to the police to the effect that he was raped as above.

Accordingly, the defendant raised B without criminal punishment for the purpose of having B receive criminal punishment.

Summary of Evidence

1. B Legal statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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

1. The crime of false accusation in sentencing under Article 62-2 of the Criminal Act for the protection and observation is not only actively infringing on the State’s criminal justice function, but also is a serious crime causing the victim to be subject to unfair criminal punishment, and the defendant has sexual intercourse with the victim under an agreement with the victim.

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