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(영문) 광주지방법원 2018.11.09 2018고단3194
무고
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 2, 2017, the Defendant: (a) at the Gwangju Regional Police Agency Gwangju Regional Police Agency Gwangju Regional Police Agency Center located in Gwangju Dong-gu, Gwangju Regional Police Agency on August 1, 2017, “C (the Defendant’s Department) of this case from 10:0 p.m.

8.2. On the same day, the new wall submitted a complaint to the effect that the above C had sexual assaulted himself, who was drunk in a felel in the valley-dong of the mine area between 1:00, and on the same day, the statement recording room of the Gwangju Sea Center stated that the above C had sexual assaulted himself, who was drunkd.

However, the Defendant, from August 1, 2017 to 01:00 on the following day, was not in a state of being drunk at the time of her sexual intercourse with C, and had sexual intercourse with C under an agreement with C.

In this respect, the defendant made a false accusation for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect with regard to C;

1. Investigation report (the results of analysis of visual recording of on-site CCTV images, etc.);

1. Statement protocol (D);

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 156 of the Criminal Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to be mitigated by law;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] Class 1 (general non-guilty) [the confessions from January to one year] [the decision of sentence] although the defendant was not in a state of being under the influence of alcohol at the time of the sex relationship in this case, it seems that he could not be able to say that he was under the influence of alcohol to the extent that he was unable to properly hold his body, and that the fact of sex relation reaches the instant non-appeal in contingency to escape her husband, the fact that there was no significant result, such as detention or prosecution, etc., of the defendant, that there was no previous conviction, that the defendant is recognized as a crime, that the defendant's age, sex, and other behaviors.

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