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(영문) 대전지방법원 서산지원 2014.06.12 2014고단63
무고
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 26, 2013, the defendant prepared a false complaint about D through a certified judicial scrivener under his name in the office of a mutually unsound certified judicial scrivener in Seocheon-dong, Seocheon-si.

The gist of the complaint was that "The defendant defendant D was punished for rape in the same place at around 13:00 on May 2013, 2013 because he was rape in the same place after he was killed in 107 Dong 1101, Seosan-si E, the residence of the senior police officer in the middle of May 2013."

However, the Defendant, from the mid-term police officer of April 2013 to the end of June 6, 2013, came to have a d and d's d' and d's h's h's h's h's h's h's h's h', the representative of the Defendant's h's h's h's h's h's h's h's h's h's h's h's h's h's h's h's h's h's h's h's h's h's h', such as the date on

Nevertheless, the defendant submitted the above complaint to the public service center of the Seogsan Police Station located in the Dong of Seog-gu, Seog-gu, Eup on June 26, 2013 in order to escape the defendant from the danger that the defendant will be forced to file a divorce lawsuit, turning on the relation with D's husband, and the defendant submitted the above complaint to the police officer.

As such, the Defendant attempted to commit rape under the agreement with D, or attempted to commit rape by assault or intimidation with the aim of having D receive criminal punishment, even though having sexual intercourse, D intended to commit rape.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect suspect regarding D by the prosecution;

1. Application of Acts and subordinate statutes on mobile analysis reports;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendant, with false facts, will be subject to criminal punishment.

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