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(영문) 청주지방법원 2020.06.04 2019고단2916
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 02:10 on January 14, 2019, the Defendant stated that the Defendant was raped by the Defendant’s male-child gathering D’s 112 report at the residence of the Defendant’s male-child gathering D’s home located in the Cheongju-si, Cheongju-si, and that the Defendant was sexually ill by the police officer E and the police officer F, and that even the police officer was sexually raped by C, C was punished.

However, in fact, at around 02:10 on January 14, 2019, the Defendant had sexual intercourses with the Defendant under agreement while having lockedd D’s male-child arrest and drinking with the Defendant, and there was no rape of the Defendant.

Nevertheless, the defendant filed a false report with C for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. A copy of the statement of the police first and second times against the defendant (a provisional name and victim);

1. A detailed statement on handling 112 reported cases;

1. Photographs and photographs of the suspect;

1. Application of the notification of reasons for non-prosecution statutes;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order needs to be strictly punished not only because the crime not only interferes with the State’s private right to take measures and the proper exercise of jurisdiction, but also causes considerable pain and danger to the victim.

In particular, in light of the statutory punishment for the crime under accusation in this case and the circumstances that maintained false statements even before the prosecution's non-prosecution of the crime, etc., the risk of the act of the defendant or the mental suffering for the crime was very large and specific. Nevertheless, it is difficult to find out the circumstances that endeavored to agree with the person under suspicion, and the person under suspicion wanted to be punished with severe punishment, such consideration shall be given to the disadvantage of the person under suspicion.

However, the defendant has a full record of criminal punishment.

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