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Reasons
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(영문) 광주지방법원 2019.02.22 2018고단4223
무고
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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

From February 2018, the Defendant: (a) had been entering the same workplace with B from around April 2018, the relationship with C, a similar workplace bonus, was doubtful; and (b) had been thought that B was sleeping the Defendant by rape. (c) From around February 2018, the Defendant thought that B was slicking with B.

Around May 4, 2018, the Defendant reported to the police officer in charge of the name-free police station at the Naju Police Station located in Naju-ro 5415-22, Naju-ro, Sinju-si, on the purport that “B would find the house of the Defendant and rape the Defendant three times from March 17, 2018 to March 21, 2018,” and submitted the said report to the police officer, signed and submitted it.

However, in fact, the defendant was in a internal relationship with B at the time and was sexual intercourse at the defendant's home under the agreement with B, and did not have been raped from B.

Accordingly, the defendant was arrested for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Public prosecutor and police suspect interrogation protocol concerning B;

1. Investigation report (Report on the details of cell phone calls and on the result of confirming text messages);

1. Each statement (D);

1. Application of Acts and subordinate statutes to a report on damage;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Act on the Punishment, etc. of Specific Economic Crimes (Article 62(1) of the Act on the Punishment, etc. of Specific Economic Crimes (Article 62(1) of the Act on the Punishment, etc. of Specific Economic Crimes (Article 1-1 of the Act on the Punishment, etc. of Specific Economic Economic Crimes) No. 1 of the mitigated area (Article 1-1 of the Act on the Punishment, etc. of Specific Economic Crimes) (Article 62(1) of the Confession

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