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(영문) 춘천지방법원 2017.07.25 2017고단460
무고
Text

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

On November 29, 2016, the Defendant prepared a false complaint with respect to B at the public service center of the Chuncheon Police Station located in Chuncheon-ro 61, Chuncheon-ro.

The criminal complaint states, "A, who was unable to drink alcohol at B, was unsatisfyed, but he was off of clothes when he was a satisfy on the new wall, and was punished because B was sexually abused, and lost his mind without any satisfy." The criminal complaint also entered B with B, and the defendant was sexual intercourse with B with the defendant's consent, and there was no rape of the defendant who was in an unsatisfying condition because B was lost the mind.

Nevertheless, on November 29, 2016, the defendant submitted the above written complaint to the police officer in charge who is unable to know his name in the public service center of the Chuncheon Police Station.

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 interrogation of each police officer under B;

1. Application of Acts and subordinate statutes to a investigative report (to attachCCTV images);

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

1. Statutory mitigation (self-denunciation) Articles 157, 153, and 55 (1) 3 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] The mitigated area (one month or one year from January to one year), the self-denunciation and confession [Pronouncement of sentence] of a criminal who is in a serious crime committed by the defendant / The defendant is a criminal who is in a serious crime. There is a need for strict punishment as it infringes on the national legal interest of the State, which is a proper exercise of the State's trial function, and seriously threatens the legal stability of the person under suspicion, and the fact that it seems that the person under suspicion could not receive a letter from the person under suspicion is an unfavorable sentencing element against the defendant.

On the other hand, however, the defendant is the first offender, who has led to the confession of the crime of this case from the investigative agency.

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