(영문) 춘천지방법원 영월지원 2013.12.10 2013고단497

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(영문) 춘천지방법원 영월지원 2013.12.10 2013고단497

무고

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 April 29, 2013, the Defendant drafted a written complaint against C in the Young-gu Police Station located in the Young-gu, Young-gu, Young-gu, Gangwon-do.

On April 27, 2013, the complaint states that “A, the accused, was raped by C at least ten times on the following day from 10 p.m. to 10 p.m. at the Eel located in D when he or she met the son’s herscam at the Eel, the complainant,” or that “A, the accused, was forced to rape more than ten times from 10 p.m.:0 p.m. to 10 p.m. on the following day.” In fact, the Defendant had a sex relationship with C, as he or she

Nevertheless, on April 29, 2013, the defendant submitted a written complaint to the police officer who is unable to know his name at the above Yeongdeungpo Police Station.

As a result, the defendant was arrested for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's protocol of examination of the accused and C by the prosecution;

1. Each police statement of the defendant;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 156 of the Criminal Act applicable to the crimes and Article 156 of the Election of Imprisonment;

1. Articles 157, 153, and 55 (1) 3 (Confession) of the Criminal Act, which are statutory mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution (the fact that C wishes to be punished for a severe punishment against the defendant) of the Criminal Code is unfavorable to the defendant, but it reflects his mistake while the defendant led to the confession of the crime of this case, the defendant is the first offender, and the defendant is currently pregnant and is not in a good health condition due to depression, etc.). The scope of punishment for sentencing is unlimited and general free [the scope of punishment] according to the sentencing guidelines, the scope of punishment [the decision of punishment]. The mitigation element of punishment: the reduction area [the decision of the recommended area] [the decision of the recommendation area] mitigation area of self-denunciation and confession [the scope of punishment] [the decision of the recommendation area] mitigation area - (whether or not the suspension of sentence is suspended] - The main reason for punishment: there is no evidence of pride: the general witness relationship:

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