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(영문) 대구지방법원 김천지원 2018.01.16 2017고단1509
무고
Text

A defendant shall be punished by imprisonment for six 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

On April 15, 2017, the Defendant committed an indecent act by sending buckbucks located in the police box in the Gu-Si, Si, Si, Gu-si, Gu-si, B by the Defendant “E bucks by hand.”

A false statement was made orally to the effect that “ ..........” and written a written statement of such content.

However, the defendant did not have been subject to indecent acts from E as above.

Accordingly, the defendant made a false accusation against E for the purpose of having the E receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police against the defendant;

1. Each statement of the defendant and F;

1. Application of the Act and subordinate statutes to a criminal investigation report (only with respect toCCTV video images), a criminal investigation report (only with respect to the attachment ofCCTV video data), and a criminal investigation report (

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Application of the sentencing criteria [Scope of the recommended punishment] Type 1 (General Dismissal) area (from June to two years) (no person who is subject to special sentencing];

2. The Defendant made a false report to the effect that he/she was forced to commit an indecent act against E from the purpose of pursuing agreement, etc. favorablely with respect to the case in which his/her male-friendly group assaulted E.

In particular, since the nature of the crime is very bad, it is necessary to punish the crime corresponding to it. It is necessary to protect the state's proper exercise of criminal justice and to seriously infringe on the legal stability of the person against whom it is committed.

However, the defendant reflects the crime of this case.

Defendant has no record of criminal punishment.

The Defendant, at the time of investigation by the prosecution, led to the confession of the instant crime and the E was not prosecuted.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.

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