(영문) 창원지방법원 통영지원 2015.03.25 2014고단966

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(영문) 창원지방법원 통영지원 2015.03.25 2014고단966

무고

Text

Defendant shall be punished by a fine of five million won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

Around 10:23 on April 24, 2014, the Defendant reported a 112 report using a mobile phone from C, which read, “A person who was assaulted and raped by C, is punished.” A police officer, who was called upon in receipt of the said report, stated that “A person was head from C as a beer’s disease, she was sexually boomed, and she was sexually punished because C was sexually boomed, she was raped, even though she was frightly sound and resisted,” and that “A person who was called upon in receipt of the said report.”

Accordingly, the defendant raised C without prison labor for the purpose of having criminal punishment imposed upon him.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol regarding C;

1. A report on investigation;

1. Application of Acts and subordinate statutes to a written agreement;

1. Article 156 of the Criminal Act and the choice of a fine for the crime, Article 156 of the Criminal Act;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Fine not exceeding 15 million won;

2. Application of the sentencing guidelines: The sentencing guidelines do not apply to the case of a fine: 3. Determination of the sentence on March 1, 2000: fine of 5 million won - The motive for the crime to be taken into account (the fact that contact with the person under no duty to pay a fine would have been made with due care) and would not have reached the crime if the defendant had confirmed the circumstances of the case properly. However, on the other hand, the defendant's body reported the patient's body and attempted to contact with the person under duty to receive medical treatment by finding the hospital and attempted to contact with the person under duty, and that the defendant would have led to violence or rape, and that it would have reached a certain degree of motive for the crime in this case) - The fact that the person under duty to pay a fine and the person under duty were confirmed and immediately revoked the complaint, and the degree of damage caused to the exercise of public authority or the person under duty by immediately

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