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(영문) 전주지방법원 2017.11.13 2017고단1630
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

On May 1, 2017, the Defendant drafted a false complaint against C, in writing, at the office of the former North Sea Center, located in 751, as the white paper of the Chungcheongnam-gu Seoul Metropolitan Government.

On April 26, 2017, the complaint of this case "The defendant C spawd a drug to the complainant on April 26, 2017, raped the complainant, assaulted the complainant against the process, and carried 8,000 won in cash at the complainant's hand.

The contents and facts of “C” were sexual intercourses under the agreement of the Defendant, and C did not assault the Defendant or stolen the Defendant’s property.

Nevertheless, on May 1, 2017, the defendant submitted the above written complaint to the police officer belonging to the Seongdong-gu Police Station who investigated the defendant at the above office.

Accordingly, the defendant reported false facts to public offices for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A response to a request for appraisal (2017-W-2788);

1. Submission of the person under consideration, recording of a conversation at the time of occurrence of the case;

1. Investigation report (DMourcct analysis and appendix c. copies of copies);

1. Application of Acts and subordinate statutes to investigation reports (E Note ctV analysis and copy c.D.).

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 and 153 of the Criminal Act to be mitigated by law;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the scope of the recommended punishment [the scope of the recommended punishment] and the confession of self-denunciation [the person subject to special sentencing] from January to one year (the area of mitigated punishment];

3. The decision-making of sentence is advantageous to the fact that the defendant presented CCTV images secured by an investigative agency after being investigated by the complainant by the investigative agency and revoked the complaint, the confession of the criminal act in the investigative agency is made, the defendant is the initial offender and the defendant reflects the wrong;

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