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(영문) 부산지방법원 2016.04.21 2016고단442
무고
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

피고인은 2015. 7. 16. 부산 부산진구 부 전로 111번 길 6에 있는 부산진 경찰서 여성 청소년과에서 담당 경찰관에게, 사실은 피고인이 D과 서로 동의하에 성관계한 사실이 있으며 D이 흉기를 휴대하여 협박하여 강간한 사실이 없음에도 ‘2015. 3. 말경 기장 쪽 모텔에서 D이 칼 같은 느낌이 나는 뾰족 한 물건을 내 오른쪽 옆구리에 들이대고 말 안 들으면 죽이겠다고

A false statement was made to "a request for punishment because it was rape by intimidation," with the aim of having D be subject to criminal punishment, and reported false facts to investigation agencies.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Statement made by the police against the defendant;

1. Recording records (applicable by statutes, March 26, 2015).

1. The pertinent legal provisions on criminal facts, Article 156 of the Criminal Act on the selection of punishment, the grounds for sentencing of sentence of imprisonment [the scope of recommendation] [the scope of punishment] No basic area (6 months to 2 years] (the person subject to special sentencing] (decision of sentencing] of the instant crime, and the fact that the contents and nature of the instant crime are considerably poor, and the Defendant will not create a business even for the victim.

In order to prevent rape, the court shall hold the defendant liable for rape.

“Transmission of text messages from his cellular phone,” etc.

On December 18, 2015, a summary order was issued as a violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. on December 18, 2015, and considering the fact that the defendant all the facts charged in the court is recognized, but the real reflectivity cannot be seen, the sentence of sentence on the defendant is inevitable.

However, prior to the crime of this case, the punishment is determined as ordered within the scope of the sentence of punishment, considering the fact that the defendant had no previous conviction, the fact that the defendant was actually prosecuted or was not punished for the crime of rape, and the age, sexual conduct, environment, etc. of the defendant.

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