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(영문) 춘천지방법원 원주지원 2014.05.21 2014고단124
무고
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

Around 16:00 on March 31, 2013, the Defendant reported false damage to the sloping C and ice D belonging to the original police station at the coffee shop next to the matet, one of which is located in the original phase of the nuclear power plant.

On April 2, 2013, at around 14:05, the Defendant visited the original police station located in Dobong-dong 1105, Suwon-si, Suwon-si, 1105, and stated to the effect that “E was compelled to have sexual intercourse after having assaulted and forced to have sexual intercourse by assaulting G in the name-based city at around 17:30, Feb. 20, 2013, in the first investigation by the police officer in exclusive charge of sexual violence at the original police station, E was induced from the front city, as if he had been aware of the completion, from the front city, at around 17:30 on February 20, 2013.” On the same day, the Defendant stated to the effect that “E was forced to have sexual intercourse by assaulting G in the name of the front city, who was sexually aware of it.”

However, fact that E did not have sexual intercourse with the Defendant by assaulting the Defendant.

Nevertheless, on March 31, 2013, the Defendant reported false damage to slope C and Inspector D, and thereafter, the Defendant appeared at the original police station on April 2, 2013 and stated it to InspectorF and Assistant C as above.

Accordingly, the defendant made a false accusation against E for the purpose of having a criminal punishment imposed upon E.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect E by the prosecution;

1. Application of the Acts and subordinate statutes on the prosecutor's statement concerning G;

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

1. Reasons for sentencing under Articles 157, 153, and 55 (1) 3 of the Criminal Act to be mitigated legally;

1. The scope of punishment by law: Imprisonment for not more than five years;

2. Application of the sentencing criteria;

(a) Determination of types: Non-high crimes, Type 1 (general accusation);

(b) Special amnestys: Reduction elements;

(c) In general, factors to mitigate punishment (no record of criminal punishment);

(d)the scope of recommendations: the mitigation area, not more than one year;

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