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(영문) 청주지방법원 2020.12.10 2020고단1626
무고
Text

A defendant shall be punished by imprisonment for one year.

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 07:10 on December 30, 2019, the Defendant reported to the effect that, at the house of Cheongju-si, Seowon-gu, Seowon-gu, Cheongju-si, “The Defendant reported rape,” by 112, “The Defendant was friendly and friendly when she had been frightd,” and that, on January 9, 2020, the Defendant was present at the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of Cheongju Police Station located in the Cheongju-gu, Cheongju-gu, Cheongju-si, Cheongju-si, Da was forced, Da was kid by her hand, her chest was her chestd, her was frightd by inserting a sexual organ, and she was rape by inserting a sexual organ.”

However, in fact, C attempted a sex relationship under the agreement with the defendant, but eventually does not reach a sex relationship, and C did not have raped the defendant.

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. Statement of the police statement regarding C;

1. A copy of the police statement made to D;

1. Notice of reasons for non-prosecution;

1. Investigation report (request for electronic appraisal);

1. Application of Acts and subordinate statutes to investigation reports (convenience points and CCTVs for suspects);

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 for mitigation of confessions;

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

1. The crime of false accusation in sentencing under Article 62-2 of the Social Service Order Criminal Act is an active violation of the State’s criminal justice function and requires a person without prison labor to place the person in danger of being subject to unfair criminal punishment, etc. In light of the fact that the defendant committed an act of causing serious risk to avoid rape by filing a false complaint against a serious crime of rape, and that the defendant maintained false statements even until the person without prison labor is prosecuted, and that the defendant did not agree with the person without prison labor.

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