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(영문) 제주지방법원 2011.09.21 2010고단1155
무고
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 11:00 on June 22, 2010, the Defendant: (a) had, for the purpose of having E be subject to criminal punishment, a certified judicial scrivener office located in Jeju City; (b) had, on February 3, 2010, a written complaint stating that “E, the Defendant, was raped on one occasion by the complainant (Defendant) at G in the City F in Jeju (No. 20:0 on January 12, 2010 in the course of the E and the Mour Survey).”

However, the facts showed that the defendant was sexual intercourse with the above E and did not have been raped.

Nevertheless, around 14:00 on June 22, 2010, the defendant submitted the above complaint to the police officer in charge who is unable to know his name at the public service center of the Jeju East Police Station in Dong-do 2, Dong-do.

Summary of Evidence

1. Each legal statement of E, I, J, and K;

1. A complaint;

1. Application of Acts and subordinate statutes to on-site photographs, investigation reports (attached to meteorological phenomena certificates, etc.);

1. Grounds for sentencing of imprisonment with prison labor, Articles 156, 34 (1) and 31 (1) of the Criminal Act concerning the relevant criminal facts;

1. Sentencing Criteria for the crime of false accusation [type of crime] Type 1-general accusation [the scope of punishment] 10 years or less, or a fine not exceeding 15 million won [the scope of punishment in basic sphere] imprisonment for not less than 6 months, or a fine not exceeding 15 million won (special imprisonment] for not less than 6 months, or for not more than 2 years (no aggravated punishment: No aggravated punishment: None of the factors of mitigation [no general person]: None of the factors of mitigation (the scope of punishment recommendation]: imprisonment for not less than 6 months; imprisonment for not more than 2 years

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