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(영문) 서울중앙지방법원 2014.05.22 2013고단7219
무고
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On January 2013, 2013, the Defendant drafted a false complaint against E through the complainant's agent.

On December 6, 2012, at least 18:30 of 2012, the criminal complaint was filed by Defendant E with the complainant (Defendant) on the pretext of entering real estate transactions in the restaurant. At around 20:30 of the same day, he was able to sing to the “Fing room” located near the restaurant, and sing to the “Fing room,” and sing the complainant’s own shot belt, unsing the sing to the singular, cutting the singular, cutting the singular part of the complainant’s chest and sing to the singular part, cutting off the singular part of the singular part, and sexual intercourse once with the singular part of the singular part, and there was no fact that the above E attempted to engage in sexual intercourse with the Defendant by assaulting or threatening the Defendant.

Nevertheless, around January 7, 2013, the defendant submitted the above written complaint to the officials in charge at the Seoul Central District Public Prosecutor's Office in accordance with the distribution of Seocho-gu Seoul Metropolitan Government.

In this respect, the defendant committed an act for the purpose of having the above E receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecution E suspect interrogation protocol;

1. The police statement of the defendant;

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

Article 156 (Selection of Imprisonment or Imprisonment)

1. Articles 157 and 153 of the Criminal Act for mitigation of self-denunciation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] Type 1 (General Norma) (1-1) (Special Mitigation) and the mitigated area (1-1 year), self-denunciation and confession (a sentence decision] in order to sell the real estate owned by the Defendant to the victim, but the victim actively acted in the singing room, but the victim was sexual contact with the victim in the singing room, but the victim subsequently purchased other real estate that is not the real estate owned by the Defendant, and filed the complaint in this case with an awareness of religion.

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