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(영문) 부산지방법원 2013.07.09 2013고단1626
무고
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 22, 2011, the Defendant submitted a complaint stating the false fact that C had raped several times from around 2002 to September 2010, to the investigation department and office of the Busan Western Police Station located in Seo-dong 271, Seo-gu, Busan, for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

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

1. Article 156 of the Criminal Act applicable to the crimes;

1. Articles 157, 153 and 55 (1) 3 (Confession) of the Criminal Act for statutory mitigation;

1. A condition favorable to the defendant, such as the fact that a crime without reason for sentencing under Article 62(1) of the Criminal Act is committed in violation of the State’s proper criminal justice function, the fact that there is a need for strict punishment, and that there is a need for strict punishment, and that C is not subject to criminal punishment due to a defendant’s false accusation, the fact that the defendant led to the confession of the crime and his mistake are divided.

In full view of the aforementioned circumstances, the motive, background, means and methods of the instant crime, the circumstances before and after the instant crime, and other circumstances revealed in the pleadings of the instant case, including the Defendant’s age, character, conduct, career, and environment, the punishment as ordered shall be determined.

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