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(영문) 울산지방법원 2016.09.22 2016고단2251
무고
Text

A defendant shall be punished by imprisonment for six 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

On November 2015, the Defendant prepared a false complaint against D in Ulsan-gu, Ulsan-gu, B with a view to committing a false accusation against D.

The complaint filed “Defendant D access to a woman A who had operated a singing room on November 201 and had sexual intercourses several times from May 3, 2013 to September 2013.

On November 14, 2013, Defendant D calls his father and woman A to transfer KRW 1,50,000,000, which is necessary to pay money. If not, I would like to know the husband of the sex relationship.

“Acknating KRW 1,50,000,00,000, which was remitted from drinking A by intimidation, and as a result, a total of KRW 40,064,30,00,00 was withdrawn on August 2, 2015, the Defendant was punished for a total of 64 occasions,” and the facts were as follows: (a) at the time, the Defendant returned to the said D with the said D, and (b) did not have been subject to intimidation from the said D.

Nevertheless, around November 19, 2015, the Defendant submitted a written complaint stating the above false facts on the ground that the Ulsan District Public Prosecutor's Office's Office had 45 under the law of Ulsan-gu, Ulsan District Public Prosecutor's Office, which requested that D return to another woman and should be hedging against the Defendant, and that her husband knew of the sex relationship with her husband.

Accordingly, the defendant had D without the purpose of having D receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each complaint;

1. Application of Acts and subordinate statutes on deposit transactions;

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 Act on the Suspension of Execution [Scope of Recommendation] Class 1 (General Dismissal) area (1 month to 1 year) mitigation area (1 month to 1 year), self-denunciation and confession [Pronouncement of sentence] disadvantageous circumstances: The contents of crimes as stated in the written complaint of complaint of complaint of which judgment is significant, and the person under whose order was made has considerable mental health.

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