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(영문) 의정부지방법원 2014.10.21 2014고단2357
무고
Text

A defendant shall be punished by imprisonment 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 May 18, 2014, the Defendant reported to an employee who is unable to know his name at the Namyang-si Police Station located in the Namyang-si, Namyang-si, 532, that “at around 13:0, May 8, 2014, the Defendant was raped from Dongyang-si, Ba 202, and around 19:49, at the criminal and office of the said police station, the Defendant tried to make a statement to Do senior police officer D, who is investigating the instant case at the above police station and office, that “at around 13:0 on May 8, 2014, the Defendant did not have made a statement to Do senior Do governor of the judicial police officer who was investigating the instant case at the police station and office of the said police station and office, that “at around 13:00, Jyang-si, Namyang-si, Man-si, Man-do, Mank-do and her own hand at a canter.”

However, the facts are that the defendant's initial film with C at the center of the above C, which resulted in natural kis and sexual intercourses, not sexual relationship formed against the defendant's will, but there was no assault at the time of sexual intercourse.

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. Examination protocol of suspect C by the prosecution;

1. Police suspect interrogation protocol regarding C;

1. The police statement of the defendant;

1. Application of Acts and subordinate statutes to the Kakao Stockholm Report;

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 (i.e., confession) of the Criminal Act mitigated by law;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] The mitigated area (one month to one year) [Special Mitigation], self-denunciation and confession [decision of sentence], the defendant was sexual intercourse with a person under no agreement with the person under no agreement, and thus, is likely to be subject to criminal punishment for the person under no agreement.

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