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(영문) 수원지방법원 안양지원 2020.02.14 2019고단1139
무고
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around October 29, 2016, the Defendant drafted a copy of the Ansanan Police Station located in the Mayang-gu Mancheon-ro 63, Annyang-gu, Annyang-gu, Annyang-si, and “The punishment for rape has changed because the Defendant was raped from the Manyang-gu, Annyang-gu, Annyang-gu.”

However, in fact, the defendant and B came to know of smartphone hosting malox through the "U.S.", and they did not rape the suspect B.

Nevertheless, for the purpose of having a criminal punishment imposed upon B, the Defendant submitted the above written petition to a police officer who is unable to know the name of the civil petition office of the Manan Police Station, and filed a false report and filed a false report.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the suspect examination protocol concerning B by the prosecution;

1. Application of Acts and subordinate statutes to a copy of a petition;

1. Article 156 of the Criminal Act applicable to the crimes and Article 156 of the Election of Imprisonment;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of sentencing guidelines] - The area of mitigation (one to one year) in the area of mitigation (one to one year) - The special mitigation person: the self-denunciation and confession [decision of sentence] the crime of false accusation not only interferes with the proper exercise of judicial power, but also requires strict punishment against the crime causing danger of unfair criminal punishment against the victim.

The defendant's true crime of rape is considered to be significantly serious damage to the victim.

However, the Defendant led to the confession of the crime in this court.

In the case of detention for about two months, the attitude of misunderstanding his mistake seems to have been taken.

The criminal defendant did not proceed to the criminal punishment stage for the defendant'sless crime.

It is an initial crime without criminal force.

The sentence shall be determined as ordered in consideration of such circumstances, the age, character and conduct, environment, etc. of the defendant.

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