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(영문) 수원지방법원 안산지원 2016.02.25 2014고단1340
무고
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On February 19, 2014, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution due to forced indecent conduct in support of the Suwon Friwon method and the Defendant was sentenced to a suspended execution. On October 13, 2015, the appeal dismissed by the Suwon Friwon method Board, and on December 23, 2015, the above judgment became final and conclusive upon receiving a dismissal judgment from the Supreme Court.

On November 28, 2013, the Defendant prepared a false complaint against D with the purpose of having D obtain criminal punishment from the defendant's house of 10, 1301, Dong-gu, Ansan-si, Ansan-si, 201.

The complaint is filed by the defendant D who committed an indecent act against the defendant D.

The content or fact that the defendant's complaint was falsely reported so that he would be punished without dismissal, and that it was true that the defendant forced D to commit an indecent act, and therefore, D did not have any suspicion of the defendant.

Nevertheless, on November 28, 2013, the defendant submitted the above written complaint to the public service offices of the Suwon District Public Prosecutor's Office, which are located in the 73 members of Ansan-si, the Dongwon District Public Prosecutor's Office's Office, which had been located in the 73 members of the Gu, and filed

Summary of Evidence

1. Partial statement of the defendant;

1. Statement concerning a protocol concerning suspect examination of the police against D;

1. Statement made to the defendant by the prosecution (net 33);

1. Statement made by the police in each protocol concerning D;

1. Each entry in the complaint, the protocol of examination of the witness (net 18), and the statement on processing of reported cases in 112;

1. Previous convictions: Application of respective Acts and subordinate statutes described in inquiries about criminal history, text of judgment (the Suwon District Court's Ansan Branch 2013 order 26555), text of judgment (the Suwon District Court's Suwon District Court 2014No 1355), and text of judgment (the Suwon District Court's Ansan Branch 2015Do1658)

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The latter part of Article 37 of the Criminal Act on the Handling of Concurrent Crimes provided that the reason for sentencing under Article 39(1) falls under the latter part of Article 37 of the Criminal Act, and thus, the criminal defendant was indicted on August 17, 2013 on the ground that he committed an indecent act, such as holding D's chests and negatives about his chests, etc.

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