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(영문) 대구지방법원 2017.03.09 2016고단3116
무고
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On December 29, 2015, the Defendant first met C through around 29, 2015, and, on the 30th of the same month, around 00:00, at the Defendant’s house located in Daegu-gu, Daegu-gu, the Defendant had sexual intercourse with C in agreement with C.

Nevertheless, on January 9, 2016, the Defendant, at the Daegu-ro 15, Seo-gu, Daegu-ro 157, gave C a statement of the content of punishment, for the purpose of having C take criminal punishment against the second floor of the Daegu-ro 157, Seogu, Seo-gu, 2016.

Accordingly, the defendant reported false facts to public offices and made a false accusation.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Application of the law of the police statement protocol to F;

1. Article 156 of the Criminal Act concerning the facts constituting the crime;

1. Article 157, Article 153, and Article 55 (1) 3 of the Criminal Act to mitigate self-denunciation;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation [the scope of the recommended sentence] 1 type [the person subject to special mitigation] [the decision of sentence] / confession [the person subject to special mitigation] - Unfavorable circumstances: the crime of false accusation brings about waste of state functions according to unnecessary investigation and trial, the crime is heavy, and the crime is likely to be committed by the defendant under suspicion of rape, and C is exposed to the danger of being subject to heavy punishment - The favorable circumstances are that C does not wish to be punished against the defendant, the defendant is still against the defendant's family environment, motive of the crime, and the circumstances after the crime, etc. are considered in the arguments of this case and determine the punishment as ordered by the order of this case.

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