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The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
On October 8, 2013, the Defendant was sentenced to imprisonment for one year with prison labor for a violation of the Punishment of Violences, etc. Act (joint conflict) at the Cheongju District Court, and the judgment became final and conclusive on October 16, 2013.
Around 13:20 on January 23, 2013, the Defendant issued a complaint to the police officer in charge to the effect that “A center located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju, was under influence of alcohol while drinking D and alcohol on January 21, 2013, but was unable to do so, and the Defendant was under influence of her body with his mind and was under influence of her body, and submitted it to the police officer in charge.”
However, in fact, the Defendant, along with E, F, G, and H, intended to have sexual intercourse with D in advance, and conspired to borrow and threaten D to take money by threatening D, and accordingly, did not have been raped under the influence of alcohol while under the influence of alcohol. However, the Defendant reported false facts to D with a view to having D subject criminal punishment.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Acts and subordinate statutes to the complaint;
1. Relevant Article of the Criminal Act and Article 156 of the Criminal Act concerning the selection of punishment;
1. Statutory mitigation under Articles 157, 153, and 55 (1) 6 of the Criminal Act;
1. The latter part of Article 37 and Article 39(1) of the Criminal Act exempted from concurrent treatment and punishment [the equality in the case of judgment at the same time with the crime of violation of the Punishment of Violences, etc. Act (joint conflict) in the judgment, including the crime of attempted conspiracy against D, shall be considered. The reasons for sentencing of the judgment are referred to as the reasons for sentencing which are disadvantageous to the offense, and the substantial illegality is judged to have already been assessed;