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(영문) 전주지방법원 2017.08.25 2017고단1124
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

Around July 20, 2016, at the Defendant’s residence located in Kim Jong-si, the Defendant: (a) prepared a written statement stating that “The Defendant was subject to quasi-rape under the influence of alcohol from D on August 1, 2014; and (b) was subject to punishment for rape from D several times from around September 1, 2014 to June 15, 2016; (c) submitted to G a written petition prepared by Kim Jong-si, the husband of the former Kim Jong-si, 213 before July 21, 2016; and (d) made a statement to G around July 23, 2016 to the effect that “A mobile phone is subject to punishment for rape with D on August 23, 2014; and (d) made a statement to G around 200 and May 25, 2015 that he/she had been subject to punishment for rape from D’s in the state of mutual influence around August 1, 2016.

However, in fact, since the Defendant had sexual intercourse with D due to the relationship between D and D, it did not have been raped or raped several times. The pictures and sexually related video taken by D around February 2015 and around February 5, 2016 were taken with the consent of the Defendant.

Accordingly, the defendant had D without the purpose of having D receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the defendant;

1. Application of Acts and subordinate statutes to the protocol concerning interrogation of suspects to the prosecution regarding D;

1. Relevant Article of the Criminal Act and Article 156 of the Criminal Act concerning the facts constituting an offense (a false accusation and choice of imprisonment);

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to be mitigated by law;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. Review of the sentencing guidelines [the scope of the recommended punishment] Type 1 (General Dismissal) area (one month-one year-one year-one year-year-year imprisonment] (the person subject to special mitigation], and confession 2.

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