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(영문) 울산지방법원 2020.01.16 2019고단3548
무고
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 16:00 on July 5, 2019, the Defendant filed a false complaint with the Minister of Gender Equality, a senior judicial police officer, on a verbal basis, at the office of the Women Youth Investigation Team at Ulsan-gu Police Station at Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul-do.

The oral complaint was "Around 16:30 of Jun. 29, 2019, coming to the bus stops near the Ulsan-gu Domotour, Ulsan-gu Domosel," and C was forced to enter the Domosel and forced to enter the Domosel by preventing her from suffering from Company A and her hand, leading his/her chest and her finger to the Domosel. In addition, even around 13:00 on July 3, 2019, C was going ahead of the Domosur, but C was her own burged with his/her finger and her finger, and led him/her to the her to the her motherel, but she tried to make a report on 112 mobile phone, and thus, C was punished for rape and attempted rape."

However, in fact, the defendant was only once more than June 30, 2019 and agreed to have a sexual intercourse in the Damoel in advance, and it was natural to enter the Domoel and did not have a sexual relationship by preventing C from suffering or forcing C to enter the Domoel.

As a result, the defendant was arrested for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of the defendant;

1. Protocol concerning suspect interrogation of C;

1. Documents of emergency arrest;

1. Each report on investigation;

1. Application of each statute on photographs;

1. Article 156 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [the determination of types] and the scope of recommendations [the first category] general accusation [the special appearance] mitigation element: the confession [the scope of recommendations and the scope of recommendations] mitigated area;

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