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(영문) 수원지방법원 2017.08.09 2017고단2990
무고
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 5, 2017, the Defendant visited the police station south of the Suwon National Police Agency and reported to the effect that he/she was raped from B to a police officer in an instigious situation.

After that, on February 8, 2017, the Defendant voluntarily attended the Suwon Police Station C and the statement recording room with the Suwon Police Station, and under investigation with the police officer D in charge of victim status, the Defendant stated to the effect that “The reported person B, on February 4, 2017, had sexual intercourse against his/her will because he/she had sexual intercourse with the reporter in an officetel located in Suwon-gu, Suwon-si, Suwon-si, on the ground that “The reported person B, on February 4, 2017, had been under the influence of alcohol at an officetel located in Suwon-gu, Suwon-si, and was punished against his/her will.” However, the reported person B, upon agreement with

In this respect, the defendant committed a criminal punishment against B for the purpose of having B punished.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Statement made by the police against the defendant;

1. To apply internal investigation reports (the details of the receipt of the case), victim photographs, CCTV image files, content files recorded by the victim, and recording records, as well as statutes;

1. Relevant provisions of the Criminal Act, the choice of punishment for the crime, Article 156 of the Criminal Act, and the choice of imprisonment;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to mitigate confessions;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. The application of the sentencing criteria (the scope of recommendation) type 1 (the scope of punishment) and the mitigation area (one year of imprisonment or one year of imprisonment), the self-denunciation and confession;

2. The offense of false sentencing is an offense that infringes on the national legal interest, which is a proper exercise of the State’s trial function, and seriously threatens the legal stability of the person under consideration, and thus requires a strict punishment of the Defendant. The objective risk of the instant crime is not written, the Defendant appears to have suffered a considerable mental pain, the Defendant is in profoundly against the Defendant’s wrong, the Defendant has no criminal record, and the Defendant is under the influence of alcohol at the time of the instant sexual act.

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