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(영문) 춘천지방법원 강릉지원 2017.10.26 2017고단834
무고
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On March 3, 2017, the Defendant reported 112 to the effect that he/she was forced to commit an indecent act with his/her mobile phone. On March 7, 2017, the Defendant was investigated into the female juvenile of the police station in the Gangwon-gu Police Station and the victim of the indecent act in the statement recording office at the Gangseo-gu Police Station on March 7, 2017. On March 3, 2017, the Defendant was investigated into the victim of the forced indecent act, and “B performed the chest on his/her own hand and fit his/her chest within the March 3, 2017. After approximately 30 minutes of cash withdrawal from the hospital, he/she met with the chest and dance of his/her chest within the cash withdrawal period.

Although the statement was made to the effect that the Defendant was forced to commit an indecent act on the part of the Defendant, such as that B did not commit an indecent act on the part of the Defendant.

Nevertheless, the defendant made a statement of damage to the above contents and made it difficult for B to take criminal punishment.

2. Around March 5, 2017, the Defendant reported 112 to the effect that he/she was forced to commit an indecent act with the Defendant’s mobile phone. On March 8, 2017, the Defendant was investigated as a victim of a forced indecent act at the Gangwon-gu Police Station’s Women’s Juvenile and Office located in Samwon-ro 53 on March 8, 2017, and he/she was investigated as a victim of a forced indecent act, and “C’s string down the shoulder with his/her shoulder at C’s house on March 5, 2017.”

Although the statement was made to the effect that the Defendant was “, there was no fact that C committed an indecent act by force due to the occurrence of the Defendant’s sexual intercourse or the Defendant’s sexual intercourse.”

Nevertheless, the defendant made the above statements with the aim of having C receive criminal punishment by making C make a statement of damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect B or C by the police;

1. Statement made by each prosecutor against the defendant by the prosecution;

1. Statement made by the police against the defendant;

1. Application of the Acts and subordinate statutes governing the disposition of reported cases 112;

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 157 of the Criminal Act to mitigate confessions;

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