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(영문) 대구지방법원 2018.07.26 2018고단2409
무고
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around January 18, 2018, the Defendant submitted a written complaint to the Daegu Regional Police Agency of the Republic of Korea, Daegu-gu, Daegu-ro, 227, stating to the effect that “The Defendant was raped from C around October 28, 2017, and around December 1, 2017, he/she stated to the effect that “The punishment was changed because he/she was raped from C over seven times from October 28, 2017 to December 1, 2017, the same day.”

However, the facts were male-child families.

In the agreement with C, only sexual intercourse was made, and C did not have raped the defendant.

Accordingly, the defendant brought a false accusation against C for the purpose of having criminal punishment imposed upon C.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 156 of the Criminal Act applicable to the facts constituting an offense and Article 156 of the choice of punishment;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to mitigate confessions;

1. The criteria for sentencing on the grounds of sentencing under Article 62(1) of the Criminal Act for the suspended sentence [the scope of recommendation] The mitigated area (one month to one year) of the mitigated area (one year), [the person subject to special mitigation] under the decision of self-denunciation and confession, and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, shall be comprehensively taken into account.

- the recognition and reflection of crimes as much as it is necessary to strictly punish the crimes because they are not only to cause serious pain to the injured but also to interfere with the appropriate exercise of the State's criminal justice function.

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