logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2014.04.10 2013고단1147
무고
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

Around July 24, 2013, the Defendant prepared a letter of complaint to the nameless certified judicial scrivener office located in Chuncheon on July 24, 2013, that “Defendant B, at the inside of the complainant No. 00:00 on July 24, 2013, the complainant B, at the inside of the complainant No. 105-404 on July 24, 2013, the complainant used the state of difficulty to resist and rape, and thus punished B as a crime of quasi-rape.” On July 25, 2013, the Defendant submitted a letter of complaint to the Gangwon-do Women’s Child Center at the seat of Mancheon-si, Macheon-si, Macheon-si, Macheon-si, 3, Macheon-si

However, in fact, the Defendant, along with the workplace rent B, did not have sexual intercourse with B by taking advantage of the state of impossibility to resist while under the influence of alcohol, by taking advantage of the Defendant’s condition of refusal to resist.

As a result, the Defendant filed a false complaint with the intent to have B punished criminal punishment, and brought a false complaint against B.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Copy of the statement to supplement the complaint filed against D; and

1. A complaint;

1. Application of the relevant Acts and subordinate statutes of a copy of the relevant photograph;

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Articles 157, 153 and 55 (1) 3 (Confession) of the Criminal Act for statutory mitigation;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the decision of a sentence] and the general secretary [the person who is a special person] - the mitigated element, self-denunciation [the decision of the recommended area] mitigated area / [the scope of the recommendation area] one month or one year / [the main reason for writing / the suspension of execution] : The main reason for writing is whether positive punishment is not permissible (including substantial efforts for recovery from damage), and a significant change (including self-denunciation, confession, etc.): the subject of suspended sentence [the decision of a sentence] is a crime that seriously infringes on the national legal interest of the country, which is an appropriate exercise of the trial function of the State, and seriously threatens the legal stability of the State.

arrow