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(영문) 의정부지방법원 2017.03.15 2015고단4023
무고
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On April 30, 2015, at around 00:16, the Defendant stated to the effect that “D Mart” of the Defendant’s male-friendly E having the Defendant reported to the effect that “the Defendant was sexually abused,” and that “the Defendant raped by sexual intercourse, after having the Defendant forced the Defendant to resist the two arms from the her mother line located within the “F hospital” located at the Government of the Republic of Korea on May 1, 2015, the following day: (a) G police officers, from the “F hospital” located at around 15:27, 2015, at the “Support Center for the Victims of Sexual Violence,” who was G police officers; and (b) “I had the Defendant forced to resist the two arms from the her mother line located in Chungcheongnam-do around April 28, 2015.”

However, on April 28, 2015, the defendant was raped only when he was sexual intercourse with I at the motherel located in the area of Chungcheongnam-do around 2015.

As a result, the defendant reported false facts to I for the purpose of having the I receive criminal punishment, and made I free accusation.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused or I by each public prosecutor;

1. Statement by public prosecutor regarding E;

1. Statement made by the police for E;

1. Each investigation report (the details of the Kakao Stockholm dialogue between the suspect and the victim, the submission of a written confirmation of entry and release of the victim A, the submission of text messages, etc., attached to 112 Declarations -112 Declarations);

1. Application of Acts and subordinate statutes, such as a report, stenographic records, recording (F hospital) at the integrated support center for victims of sexual assault (F hospital) as a result of the processing of the reported case;

1. Relevant legal provisions and Article 156 of the Criminal Act concerning the facts of crime;

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

1. Reasons for sentencing under Article 62(1)(the following favorable circumstances) of the Act on the Suspension of Execution [Scope of Recommendation] (Article 62(1)(the scope of recommendation] (Article 62(1)(Article 62)(Article 62(1)(Article 62)(Article 62(1)(Article 62(1)(Article 62(1))(Article 1(1)(Article 62(1)(Article 62(1)(Article 62(1))(Article 62(1)(Article 62(

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