logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2015.03.12 2014고단1284
무고
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On January 17, 2013, the Defendant was sentenced to two years and six months of imprisonment by force to commit an indecent act by force at the Suwon District Court, and on February 21, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for an indecent act by force in the Western District Court’s branch branch, and the judgment became final and conclusive on December 27, 2014.

Criminal facts

The Defendant was prosecuted for committing a crime in which he was forced to commit an indecent act by force, and was not detained, and even though the court recognized all the criminal facts and agreed with C, it was sentenced and confirmed that D (one name E) who is the husband of C was aware of the complaint and reported a false fact.

On February 20, 2014, the Defendant drafted one copy of a false complaint with respect to D using a yellow-clock in the Daegu prison “F” room in the Seowon-Eup of the Daegu Sinwon-gu, Daegu.

The charge of the crime of bodily injury caused by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by Defendant E in collusion with G and C was the content or fact that “The Defendant was punished by severe punishment,” and the fact that the Defendant was the victim of the injury by indecent act by indecent act by coercion C.

Nevertheless, the defendant sent the above written complaint by mail in the above prison around that time, and reached the Seogu District Prosecutors' Office on February 25, 2014.

In this respect, the defendant was arrested for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Each prosecutor's protocol of examination of the accused;

1. A criminal complaint prepared by the defendant;

1. Statement made to A by the prosecution;

1. Court rulings (Seoul District Court Decision 2012Gohap614), court rulings (Seoul High Court Decision 2013No482) (Supreme Court Decision 2013Do5766);

1. Previous convictions in judgment: Application of statutes to court rulings (Supplementary branch courts of the Daegu District Court 2014No179), court rulings (the Daegu District Court 2014No1962), investigation reports (the confirmation of the date of confirmation);

1. Since Article 156 of the relevant Article of the Criminal Act and Article 156 of the Criminal Act regarding criminal facts are exempted, a separate sentence is not chosen. 1. The defendant of this case under the latter part of Article 37 of the Criminal Act and Article 39(1) of the same Act concerning concurrent crimes.

arrow