2016 Highest 1033 no accusation

Kim A (86 years, inn), Instructors

Residence

Reference domicile

Yellow (Public Prosecutions) and class (Public Trial)

June 10, 2016

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of a sentence shall be suspended for one year from the date this judgment becomes final and conclusive.

Criminal facts

On March 19, 2016: around 00 and 23:00, the Defendant: at the office of the Women Youth Investigation Team at the Ulsan Central Police Station, the Ulsan Central Police Station, and at the office of the Ulsan Central Police Station, for the purpose of having KimB punish a criminal punishment, “Emb 19:0 on February 19, 2016, KimB raped in the KimB’s car parked in the front of the Ulsan Northern Northern Northern District ○○○○○○○○, and on March 18, 2016, KimB taken a sexual guidance with the police officer without permission from the inside of 00MoMo 307, U. Ulsan Northern District 00,000.”

In fact, the defendant did not have been raped from KimB with all consent to the sex relationship within the car and the sex-related video photographing in the telecom, and there was no fact that he had been taken a sexual book without his permission.

In the end, the Defendant reported false facts to police officers and rejected KimB.

Summary of Evidence

(Omission)

Application of Statutes

1. Relevant Article of the Act and the selection of punishment for the crime;

Article 156 (Selection of Imprisonment with Labor)

1. Reduction of confession;

Articles 157, 153, and 55(1)3 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

Reasons for sentencing

1. Recommendation type of the sentencing criteria;

○ Determination: Type 1 (General Dismissal)

○ Special Convicts - Confessions : Voluntary Confession

- Aggravations: None

○ Scope of Recommendations: One month to one year (the area of mitigation)

○ General Convicts - Mitigation elements: Serious reflective elements

- Aggravations: Several false statements

○ Suspension of Execution: Recommendation of Suspension of Execution

- There are no adverse reasons:

- Major reasons for affirmative participation: Non-conformity of punishment, remarkable prosperity (self-denunciation, confession, etc.)

- No reason for negative general participation:

- Positive reasons for general participation: It is clear of social relationship, and there is no criminal record of suspended execution or more.

2. Additional considerations.

○ The investigative power is excessive by admitting the Defendant’s mistake within the short period after committing the crime and reconcing the statement.

(2) that the suffering and damage of the other party is not seriously extended;

Although it was erroneous that ○ private issues were resolved through public procedures, the circumstances leading to the crime are somewhat somewhat different.

There are some points for consideration.

○ The other party to the complaint has understood the position and correspondence of the defendant, and the defendant has repeatedly taken the action against the defendant.

There is appeal.

3. Determination of sentence;

Six months of imprisonment and one year of suspended execution;

Judges Juk-man