(영문) 제주지방법원 2020.10.21 2020고단1806

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(영문) 제주지방법원 2020.10.21 2020고단1806

무고

Text

A defendant shall be punished by imprisonment for not less than eight 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 March 19, 2020, at around 14:00, the Defendant visited the Jeju Western Police Station B Team and requested counseling related to sexual assault, and submitted a complaint to the police officer, who is a counseling police officer, on the charge of sexual assault, stating that the Defendant filed a complaint against D, living together with C, who is guilty of rape.

The above complaint shall be deemed to have been filed on February 2, 2020, and shall be deemed to have been filed for the same year.

3. Policemen, and the same year.

3.0.Gravating the sex relationship which is not wanting to be created from D at home around 10.

The statement made on the same day also stated that the defendant was forced to have sexual intercourse from D on the same date.

However, the facts are that the defendant living together with the above D and did not have been raped by D.

As a result, the defendant raised D without any criminal punishment against the above D.

Summary of Evidence

1. Police suspect interrogation protocol of the defendant concerning D's court statement;

1. Each police protocol of statement of E;

1. Application of the Acts and subordinate statutes to the filing of complaints, and photographs of text messages;

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 of the Criminal Act to be legally mitigated;

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

1. The defendant, without any special reason, filed a false complaint with rape in order to avoid the crime, and thereafter received the agreement from the person who had not been tried to avoid the crime. The records of this case, such as the following: (a) the fact that the nature of the crime was very poor in light of the circumstances, contents, etc. of this case; (b) the defendant revoked the complaint during the investigation process; (c) the fact that the defendant led to the confession of the accusation; (d) the fact that the person who had not been tried to punish the defendant; (c) the fact that the person was not subject to the punishment of the defendant; (d) the fact that the defendant was not subject to the same criminal conviction; and (e) the defendant's age, character and behavior, environment, means

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