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(영문) 대구지방법원 서부지원 2015.06.04 2015고단405
무고
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 4, 2014, the Defendant drafted a false complaint at the Daegu Job Police Station located in the Daegu Job-2 Dong-dong, Seogu, Daegu.

The complaint statement "I think that I would be well aware of the male and female ditches separately, enter the telecom and shower, and C has come to play in my own toilet, and she has been forced to continue to refuse and interfere with a sexual intercourse with (C)" and "(C) have been forced to continue to be in a sexual intercourse. By force, I shall not be pushed down, and too I have cut down too, I have opened and cut off clothes that can be covered while she has come up under the bottom of the beds." The contents or facts that "I have sexual intercourse with her mother in agreement with C, and there was no fact that C has been raped with the defendant."

Nevertheless, the Defendant submitted a false statement to the effect that he/she was raped against C at the above time, at the above time, and at the above location, to the police officers in distress of the above police station.

As a result, the defendant was arrested for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Each prosecutor's interrogation protocol on the accused and C;

1. Cuts of CCTV-fags and the closure of a letter-fags;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant legal provisions on criminal facts, Article 156 of the Criminal Act on the selection of a sentence, Article 156 of the Criminal Act on the grounds for sentencing of imprisonment [Scope of Recommendation]: The basic area (6 to 2 years) of the first type (general without prison labor) [the grounds for imprisonment] of the defendant's sexual intercourse under the agreement with the victim, although the defendant had sexual intercourse with the victim, the victim's demand for the settlement of agreement by threatening the victim as if the victim would be accused of rape, the victim's refusal to pay the settlement of agreement, and the victim's complaint by means of intentional and active distortion of facts, and thereby, the victim's investigation is conducted due to

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