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Reasons
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(영문) 부산지방법원 2014.10.02 2014고단4984
무고
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A defendant shall be punished by imprisonment for not less than eight 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 February 14:00 on February 25, 2014, the Defendant filed a report on rape with the Busan East Police Station and the Statement Recording Office located in the Busan Eastdong-gu, Busan, with the following: “Around 03:00 on February 2, 2014, the Defendant filed a report on rape with the following: “Around 03:00, the Defendant was raped by force against the Defendant, who was under the influence of alcohol, in a mutual incompetence in the Busan Eastdong-gu, Busan, on February 2, 2014.

However, the defendant was naturally sexual intercourse under mutual agreement by deciding to link E with E at the time.

Accordingly, the defendant reported false facts to E for the purpose of having criminal punishment imposed upon E, and made a false accusation to E.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol and statement of E;

1. Each investigation report (the sequence 13, 17 of the evidence list);

1. Application of the Acts and subordinate statutes governing national newspapers, outputs, recording records, recording CDs;

1. Article 156 of the Criminal Act and Article 156 of the Criminal Act concerning the applicable criminal facts and the choice of punishment;

1. The crime of this case on the grounds of sentencing under Article 62(1)(C) of the Criminal Act on the grounds of suspended sentence is likely to be subject to criminal procedures in an unfair manner, and also distort judicial action. However, the crime of this case on the grounds of suspended sentence is serious, but the execution of imprisonment shall be suspended in consideration of the background of the crime of this case (definiteness), agreement with the person against whom the crime was committed, initial crime, age, etc.

It is so decided as per Disposition for the above reasons.

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