logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2017.09.20 2017고단1711
무고
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 12, 2017, the Defendant: (a) prepared a complaint from the Women’s Juvenile System of the Ulsan-gu Police Station stating that “B saw B with her kis and was raped on February 7, 2017; and (b) made a statement at the seat that “B threatened B with her with her kis; and (c) forced him/her to go off his/her clothes; and (d) made a statement to the effect that he/she was raped with her for five minutes by her arm by cutting off his/her arms.”

However, the Defendant: (a) proved that he had sexual intercourse with B in a resistant relationship without any specific force; (b) had filed a complaint in a state that is not good between B and B; and (c) had not been raped by threatening, threatening, or threatening the use of, the complaint.

Nevertheless, the defendant brought an accusation against B with the aim of being subject to criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written complaint filed, the police statement made against the defendant (one time, and the list Nos. 2);

1. Application of Acts and subordinate statutes to each protocol concerning the examination of suspect B (1, 2 times) to the police;

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

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to be mitigated by law;

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

1. A confession of the mitigated area (one month to one year) of the sentencing criteria [the scope of the recommended punishment] and the mitigated area (one year from January to one year);

2. Based on the above sentencing criteria, the sentence shall be determined as ordered in full view of the following factors, including the defendant's age, sex, environment, and motive of crime:

The favorable circumstances: The fact that one's mistake is divided and reflected, the confession has been made from the investigation agency, and there has been no previous conviction.

E. Unfavorable circumstances: (a) mobilization of a judicial body to a dispute over private life causes waste of the State’s function; and (b) the crime without accusation is regarded as the crime of rape.

arrow