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(영문) 부산지방법원 2017.01.19 2016고단5999
무고
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 24, 2016, the Defendant prepared and submitted a false complaint with respect to B at the Busan High Police Station located in 264 as the superintendent of Busan High Police Station.

Around June 22, 2016, the complaint states that “A request for punishment as Defendant B met with a specific father even if Defendant B’s continued refusal by the complainant, and sexual assault was committed,” and on June 30, 2016, the complaint statement was made to the same effect as in the case of a supplementary statement at the Busan Coast Center’s office and the Busan Police Station’s office located on July 22, 2016, located on 359 U.S. World Cup as Busan B World Cup, and at the Busan Police Station’s office and the Busan Police Station located on 6 U.S.-ro 111, U.S., Busan on July 22, 2016.

However, at the time of fact, the defendant had sexual intercourse under the agreement with B, and that B did not have raped by assault and intimidation against the defendant.

In this respect, the defendant had not been punished against B for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the examination of suspect B by the prosecution;

1. Statement made by the police against the defendant;

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

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

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to mitigate confessions;

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 / [Scope of Recommendation] Class 1 (General Dismissal) (1 month-1 year) (a person subject to special mitigation] self-denunciation, confession (decision of sentence), confession, and reflectivity;

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