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(영문) 대구지방법원 김천지원 2018.08.22 2018고단569
무고
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 18, 2018, the Defendant visited a female juvenile investigation team at Kimcheon-ro, Kimcheon-ro, Kimcheon-si, 164, Kimcheon-si, and submitted a false complaint to the police officer whose name is unknown.

A written complaint states, “Around March 17, 2018, he/she forced sexual intercourse B on two occasions, and then taken the body of his/her cell phone camera in a mobile phone.” Around 11:00 on the same day, the Defendant was investigated about the above case at the above location, and made a statement by the complainant.

However, in fact B did not have rape or forced indecent act of the defendant or taken the defendant's body against the defendant's will.

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. Statement made by the police against the defendant;

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

1. Relevant Article of the Criminal Act, Article 156 of the Criminal Act, the selection of a sentence for the crime, and the selection of a sentence for imprisonment ( Consideration of the fact that a defendant's criminal complaint was arrested and seized, and that a person was subject to substantive examination of a warrant of detention;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to mitigate confessions;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act of the community service order [the types] [the grounds for sentencing under Article 62-2(1) of the Social Service Order [the person who is subject to special sentencing]: confession [the decision in the sphere of recommendation] mitigated area [ the scope of recommendation]] / one year from January to one year [the scope of recommendation] mitigated element / [the person who is subject to general sentencing] mitigated element: The motive for the crime that may be taken into account (which was challenged with a male problem different from B while being challenged with a personal phone, automobile keys, card, etc., and which was taken into account), there was no history of criminal punishment [whether there was a suspended sentence] - There is no history of the criminal punishment (affirmative] - There is no source of punishment, a significant confession, there is no record of criminal punishment (affirmative)

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