(영문) 부산지방법원 2020.04.28 2019고단6207

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(영문) 부산지방법원 2020.04.28 2019고단6207

무고

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 14, 2018, the Defendant was issued a summary order of KRW 3 million with the effect that he threatened B, who had a relationship with his parents, with the Busan District Court’s Dong Branch, that “I would send a photograph that I would do not want to do so.”

Around January 7, 2019, the Defendant prepared a false complaint with the Busan East-gu Busan East-gu Police Station stating that “A Party B, who had refused to take a sex-related photograph, taken a sex-related photograph to punish him/her” for the purpose of criminal punishment against B, and submitted the above complaint to the police station on the same day.

However, the fact was that B took the form of sexual intercourse with his handphone upon the request of the Defendant to take a sexual relation, and it was only the transmission of the image to the Defendant, and there was no fact that the Defendant had taken the face of the sexual relationship.

As a result, the defendant submitted a false statement to the Busan East Police Station for the purpose of criminal punishment against B.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B by the prosecution;

1. Investigation report (the confirmation of the decision of the case in which a criminal suspect files a complaint with the complainant and the fixed date);

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

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

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

1. Scope of recommendation [decision of types] according to the sentencing guidelines and the scope of recommendation [the category 1] general accusation (the special appearance [the scope of recommendation and recommendation] mitigation element]: Confession (the scope of recommendation field and recommendation range] mitigation area, imprisonment with labor for one month to one year;

2. The nature of the Defendant is very poor in light of the motive and background of the instant crime, the circumstances after the instant crime, etc.

B complaining of mental suffering, and the defendant's severe punishment is sought, and the defendant is called B.

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