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(영문) 의정부지방법원 고양지원 2018.02.22 2017고단3348
무고
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On May 2017, the Defendant was forced her husband to call for the fact that she contacted D at his/her age club, and the Defendant was sexually accused that D was raped. On June 20, 2017, the Defendant prepared a false complaint with respect to D to the police officer who was 140 to receive it at the Pacific Police Station for the de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto 140, and submitted it to the police officer whose name is unknown.

The charge of the complaint states that "The defendant defendant D had raped A on March 12, 2017, which is the complainant, and thus has been strongly punished," and that facts only have sexual intercourse with the defendant under the agreement of the defendant and did not have raped the defendant.

As a result, the defendant was committed against D with the aim of having D criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of D police;

1. Statement made by the police of the defendant at the time of damage;

1. Complaints of the accused;

1. A report on the details of telephone calls, details of transactions, E letters, and analysis of smartphone letters;

1. Investigation report (the line between the victim's cell phone caller and the branch line after the occurrence of the case);

1. Investigation report (the details of cellular phone calls of the victim's child), and the details of cell phone calls of the victim's child;

1. Investigation report (in cases of interview and investigation with the victim of telephone conversations on the date of occurrence of the case);

1. Application of statutes on reference materials for investigation;

1. Article 156 of the Criminal Act applicable to the facts constituting an offense and Article 156 of the choice of punishment;

1. Grounds for sentencing under Articles 157, 153, and 55(1)3 of the Criminal Act for mitigation of confession [the scope of recommending punishment] [the grounds for sentencing under Article 157, 153, and 55(1)3 of the Criminal Act / [the scope of recommending punishment] types 1 of mitigation area (one month to one year), / [the person who is specially mitigated] self-denunciation and confession [the decision of sentencing] must be strictly punished for sex crimes corresponding to those that should be strictly punished.

In the case of sex crimes, there are many cases where only the victim and the perpetrator are placed, so it is not easy to prove the falsity of the statement of the victim is an important evidence.

In the case of a defendant, the investigative agency.

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