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(영문) 창원지방법원 통영지원 2018.01.11 2017고단1461
무고
Text

A defendant shall be punished by imprisonment for six 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

The Defendant, who was sexual intercourse with the same company B, was informed of her husband and was rape and assaulted by her husband.

B had the mind to mislead B.

On June 4, 2017, the Defendant: (a) prepared a false complaint stating that “The Defendant was raped from B at a singing practice site located in C around March 18, 2017; (b) around 20:00, the Defendant had no rape and assault at the office of a female juvenile investigation team located in the second floor of Samsung Heavy Industries 6, which was located in C, the head of B around 16:0 on May 20, 2017, and submitted a false complaint to the police officer that “The name of the office of the female juvenile investigation team of the second floor of Samsung Heavy Industries 6, which was punished for 10 times since the head was punished for 10,” and that the name of the office of the police officer cannot be found again at the second floor of Samsung Heavy Industries 6, which was located in C, the next day.

In this respect, the defendant committed a criminal punishment against B for the purpose of having B punished.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Protocol concerning the examination of suspect B by the prosecution;

1. Statement made by the police against the defendant;

1. Application of the Act and subordinate statutes to a criminal investigation report (the details of the criminal suspect's Kakao Stockholm dialogue), investigation report (the statement of text messages messages sent to the suspect);

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines of the Supreme Court, Type 1 (general dismissal] (one month to one year) in the mitigation area (special mitigation person], and the self-denunciation and confession;

2. The fact that the decision on the sentence of punishment was made by the defendant with a false report is likely to be subject to criminal punishment, such as punishment, due to rape and assault, by the defendant's false report;

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