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(영문) 울산지방법원 2017.01.19 2016고단4245
무고
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant around 01:54 on July 22, 2016 at the apartment management office of the E apartment that is the residence of D located in Ulsan-gu, Ulsan-gu, Seoul-gu.

The elevator was entered from the elevator with his own house.

After the report, “The fact was raped from D” to the police officer dispatched.

D's house was examined, "I am well about the escape, I am. I am. I am. I am. I am. I am." On the same day, I am at the Support Center for the Integrated Sexual Violence of Ulsan on July 19, 2016, "I am. I am. I am am. I am. I am am. I am. I am am. I am. I am. I am. am. I am. I am. I am. I am. I am. I am. I am. am. I. am. I. am. I. am. I. am. I. am. am... I. am. am...... I. am. I. am. I. am. am.

“The statement was made to the effect that it was “.”

However, in fact, the Defendant had sexual intercourse under the agreement with D in relation to D, and D had not responded to D’s warning that D was “I would report if I would return to B, I would return to B,” but had not been raped.

Nevertheless, the defendant brought a complaint against D with the aim of being subject to criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police against the defendant;

1. 112 Reporting case handling table;

1. Dicos and photographs;

1. Application of Acts and subordinate statutes on text messages;

1. Article 156 of the Criminal Act concerning the facts constituting the crime;

1. Selection of imprisonment;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) [the scope of recommendation] type 1 (the scope of recommendation] (one month to one year) in the mitigation area (one month to one year), self-denunciation (the decision of sentence] in the self-denunciation and confession [the decision of sentence] in an unfavorable manner: A rape was committed;

The reported content is significant, and the victim suffers a considerable mental suffering.

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