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(영문) 전주지방법원 2015.07.16 2015고단238
무고
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 30, 2014, the Defendant reported that he had been raped several times from B, and filed a complaint with the competent police station of the Republic of Korea located in Dobong-gu, Young-dong, Suwon-gun, Suwon-gun, the Republic of Korea reported that he had been raped several times from B, and that on the same day, the Defendant filed a complaint with the same purport with the competent police station of the Republic of Korea located in Dobong-gu, Seoul-do, the Republic of Korea.

However, in fact, the defendant was sexual intercourse under the agreement between B and her mother, and there was no sexual assault from B, and when he was asked from her husband who became aware of the sex relationship with B, he was sexual assaulted by B, and was sexual assaulted by her husband who was sexual assaulted from B, and was sexual assaulted by her husband.

As a result, the defendant raised B without criminal punishment for the purpose of having B punished.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

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

1. The police statement of the defendant;

1. A letter of complaint and a letter of withdrawal;

1. Each investigation report;

1. A report on the occurrence of rape and a report on each investigation;

1. Application of the Acts and subordinate statutes to photograph Ctv video data of the cel;

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Articles 157, 153, and 55 (1) 3 (Confession) of the Criminal Act, which are statutory mitigation;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. From one month to five years of punishment by law; and

2. The range of recommendations according to the sentencing guidelines [decision of types] and the range of recommendations [specific persons] according to the sentencing guidelines - Types 1 (general secretary] - the number of mitigation factors and confession [decision of the recommended area] the area of mitigation [general person] the area of mitigation [decision of the recommended area] - One month to one year;

3. The crime of this case in which the defendant had a sexual intercourse by agreement with B, and thereby, was brought to the prosecution from the husband of the defendant, to escape him, and the crime of this case is appropriate for the judicial function of the State and the right to impose punishment against the State.

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