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(영문) 인천지방법원 2012.03.29 2011고단7070
무고
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 25, 2010, the Defendant was sentenced to 6 months of imprisonment and 3 million won of fine in violation of the Act on the Electronic Monitoring, etc. of Specific Offenders at the Incheon District Court on April 28, 201 and completed the execution of the sentence.

On September 20, 201, the Defendant drafted a false statement of complaint stating that “The complainant, despite having been given consent by the Defendant C, attempted to commit rape, he/she submitted a false statement of complaint to the police station on June 15, 2011, and the Defendant D, who is an employee of the Incheon Probation Office, assisted the Defendant to resist and file a complaint with the said C, thereby instigatinging him/her.”

However, due to the fact that the defendant tried to rape C, C did not have the fact that C had the defendant's non-competence or abetted D's non-competence.

Nevertheless, on September 20, 201, the defendant submitted the above complaint to the public service center of the Incheon District Public Prosecutor's Office through the employees of the above Incheon Public Prosecutor's Office.

As a result, the defendant was sentenced to criminal punishment against C and D respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. The protocol of examination of witness in relation to C of the second trial record of the case, including attempted rape, etc. committed by the Incheon District Court 201 High Court 429;

1. A criminal complaint prepared by the defendant;

1. A report on investigation (Attachment of a written judgment) and a report on investigation (Attachment of a copy of a written judgment);

1. Records before ruling: Application of Acts and subordinate statutes to criminal records, and reports on confirmation of the expiration of term;

1. Relevant Article of the Criminal Act and Article 156 of the Criminal Act concerning the facts constituting an offense (the amount of imprisonment according to the sentencing guidelines: Application of the basic area of general non-permanent crimes: Imprisonment with prison labor for six months or two years);

1. Article 35 of the Criminal Act among repeated crimes;

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