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(영문) 수원지방법원 성남지원 2017.10.25 2017고단2292
무고
Text

A defendant shall be punished by imprisonment for six 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 March 20, 2017, at around 03:00, the Defendant called 119 sexual assault by using his cell phone from cel 605 in Seongbuk-gu, Sungnam-gu, Sungnam-gu.

After reporting, the sports headquarters transferred the reported case by the sports headquarters, the sports headquarters was called by the head of the Gyeonggi-do National Police Agency affiliated with D and became subject to sexual assault again after being called “sexual assault.”

“Around March 20, 2017, 196, 196, 196, 196, 196, 196, 196, 196, 200, 200,000,0000,0000,0000,0000,0000,000,0000,0000,000

“The statement was made”.

However, in fact, the defendant was sexual intercourse with I and was not raped by I.

Nevertheless, the defendant reported false facts to police officers for the purpose of having I receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of the Acts and subordinate statutes to investigation reports (the forwarding of relevant case records);

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 / [Scope of Recommendation] Class 1 (General Dismissal) (1 month-1 year) (Specially mitigated person] self-denunciation and confession [Pronouncement Decision] falsely reported by the defendant, causing the risk of being subject to serious punishment for a person under consideration, and the nature of the crime is considerably poor.

However, considering the fact that the defendant withdraws his report and led to the confession of a false accusation, the fact that the crime is divided, the first offender, etc., and other factors of sentencing as shown in the trial process of this case, such as the defendant's age, sex behavior, living environment and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined like the order.

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