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(영문) 의정부지방법원 2017.11.06 2017고단3092
무고
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant taken video images of a sexual intercourse with C from December 2, 2014 to March 2016, under the agreement with C several times during the teaching period.

The Defendant at around March 2016, 2016, who paid off the borrowed amount of KRW 7,400,00 from C.

“The”, along with a reminder, was repeatedly sent by text messages a video recording a sexually related page with a sexual intercourse page, had the intent to present a false accusation against C.

On May 2, 2016, the Defendant submitted a letter of complaint that “The Defendant, who was in contact with the complainant, taken a dynamic image of the sexual intercourse, without the consent of the complainant, taken a dynamic image at the D Team office of the Nam-gu Police Station of 532 Nam-gu, Gyeong-gu, Seoul, Seoul, around 16:15 on May 2, 2016.” On the same day, the Defendant was subject to a supplementary investigation to the police officer E on the same day, and the Defendant was unaware of the shooting itself. Around March 2016, the Defendant sawd around 532.

Although a statement was made to the effect that “A person was aware of the fact that the defect was sent and taken,” the fact was that C had taken the face of sexual intercourse with the Defendant’s consent.

In this respect, the defendant made a false accusation for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Each recording book, one copy attached to the USB, two CDs attached to each document, the voice, and video (in full view of the Defendant’s speech and behavior at the time of photographing motion pictures recognized by the evidence of this case, the Defendant was well aware of the fact that motion pictures were taken;

[ full recognition]

Application of Statutes

1. Article 156 of the Criminal Act applicable to the facts constituting an offense and Article 156 of the choice of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) (the scope of statutory penalty), imprisonment with prison labor for not more than ten years (the type of decision] [the scope of recommendation] types 1 (the scope of recommendation] of the armed forces for non-high crimes: From six months to two years (the person who is subject to general sentencing) mitigation factors: criminal punishment.

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