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(영문) 대전지방법원 2019.06.14 2019고단987
무고
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On January 11, 2019, the Defendant prepared a false complaint at the Daejeon Western Police Station, Seo-gu, Daejeon, Seo-gu, Daejeon, for the purpose of having B receive criminal punishment.

A written complaint states that "B, on January 5, 2019, notified the her husband of the fact that he/she had been mobilized to the organized violence ship of the fact that he/she had been led by his/her her her son and her son, or the her husband would kill all her son and her son by threatening her husband to kill her son and her son, he/she forced the Defendant to have sexual intercourse on three occasions on December 25, 2018, around December 25, 2018, and around December 31, 2018, and threatened the Defendant that he/she will kill her son and her son and to kill her son."

However, the facts are as follows: (a) the Defendant had a sexual intercourse with B on December 2018, 2018, which led to a good appraisal after having a sexual intercourse between B and B, and (b) had a sexual intercourse by mutual agreement; (c) the Defendant did not have a sexual intercourse with B, by threatening or threatening the Defendant; (d) the Defendant had a sexual intercourse.

Nevertheless, the defendant submitted the above complaint to the public service center of the Daejeon Seo-gu Police Station on the same day, and submitted it to the employee in charge.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. The application of the written complaint, medical certificate, photograph, Messenger, receipt, DNA dialogue, text message, and statutes

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 to be mitigated legally;

1. The scope of punishment by law: One month to ten years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [decision of types] and the general accusation [type 1] and mitigation elements (special sentencing person]: Voluntary confession [the scope of recommending area and recommendation range] mitigated area, imprisonment with labor for one month through one year;

3. Determination of sentence:

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