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(영문) 부산지방법원 2015.05.28 2014고단8322
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 March 14, 2014, at the public service center of the original police station located in Dobong-dong, 1105, Gangwon-do, the Defendant prepared a false complaint against C with the intent to have C criminal punishment.

A written complaint was that "A defendant C was raped over two occasions on February 8, 2014, without going through a room after putting room in the Eel located in Busan D around February 8, 2014."

However, on February 15, 2014, the defendant and C have sexual intercourses under the agreement by entering the Eelbel located in Busan around February 15, 2014, and C did not rape the defendant.

Nevertheless, on the 20th of the same month, the defendant submitted the above complaint to an employee whose name is unknown and rejected C on the 20th of the same month.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the police statement of the defendant;

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 and 153 of the Criminal Act for mitigation of confessions;

1. The grounds for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment] Article 62(1) of the Act on the Suspension of Execution and the grounds for sentencing [the grounds for sentencing] Article 62(1) of the Act on the Suspension of Execution (the scope of recommending punishment] Article 1 of the mitigated area (one month to one year) [the person subject to special mitigation] self-denunciation and confession [the decision of sentence] that the defendant suffers from mental illness such as depression disorder, etc., the defendant has agreed with the State Party

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