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(영문) 전주지방법원 2015.06.24 2015고단524
무고
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal power] On December 3, 2013, the Defendant was sentenced to seven years of imprisonment by the Gwangju High Court for a violation of the Act on the Protection of Juveniles against Sexual Abuse, etc., and the said judgment became final and conclusive on February 27, 2014, and is currently serving in the previous prison.

【Criminal Facts】

Around January 5, 2015, the Defendant prepared a false complaint with the intention of having C receive criminal punishment from the former correctional institution room of the second floor of the second floor of the correctional institution, which is located in the Peacedong, Jeonju-si.

The gist of this complaint is that "A defendant, on April 29, 2013, issued a false complaint stating that "A (the defendant) was raped on one occasion at the house of the complainant in the Seocho-gun Police Station located in Seocho-gu, Seoul (the defendant) on March 29, 2009 at the Seocho-gun, Seocho-gu, Seoul (the age of 15 at that time)" and that "The above C (the age of 15 at that time) was punished for an uncompeting crime."

However, on March 3, 2009, the Defendant was sentenced to seven years of imprisonment by the Gwangju High Court for the violation of the Act on the Protection of Juveniles against Sexual Abuse (Juvenile Rape, etc.) on December 3, 2013.

Nevertheless, around January 7, 2015, the Defendant submitted a false complaint to the Seoul Police Station located in Yeongdeungpo-gu, Young-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City) to the Seoul Special Metropolitan City Police Station (Seoul Special Metropolitan City) by mail and filed a false complaint with the above C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by C of a witness in the second protocol of the trial of the Jeonju District Court 2013 Highis86 case;

1. Copies of the prosecutor's office and police statement concerning C;

1. Court rulings (the first instance court, the appellate court, and the final appeal court of the previous Jeju District Court of 2013 High Court of 86 cases);

1. Written complaint, written statement, and written statement;

1. Application of the statute on filing of a complaint to the defendant

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Reasons for sentencing under Articles 157, 153, and 55(1)3 of the Criminal Act [the scope of recommending punishment] Type 1 (general dismissal) (Article 157-1) (Article 155(1)3 (Article 157), the area of mitigation (Article 153 and Article 55(1)3 (Article 15) (Article 15

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