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(영문) 인천지방법원 2016.04.28 2016고단890
무고
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 1, 2014, the Defendant reported the false information about C to the investigating officer B in charge at the Incheon Southern-dong Police Station 2 Team office located in 668, Nam-dong, Incheon, Nam-dong, Incheon.

The content is that "C A (Defendant) has been raped on two occasions at the "Eel located in Seoul Spojin-gun, Incheon, on February 2, 2014", and on August 2, 2014, he/she has been raped on two occasions in total at the "GMoel located in Sposi F," and on September 15, 2014, he/she was raped on two occasions in total at the "EMoel," and he/she was unable to resist and raped on six occasions in total at the "EMoel," but the fact was that the Defendant and C was in a relationship with each other, and that C was not forced rape from the date and place thereof.

Nevertheless, around October 1, 2014, the Defendant reported false facts about C to the Incheon Southern Police Station B, and filed a complaint with the aim of having C receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 156 of the Criminal Act applicable to the crime and Article 156 of the Selection of Punishment Act;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing reasons of Article 334(1) of the Criminal Procedure Act under Article 334(1) of the Criminal Procedure Act, which impedes the State’s judicial function due to the instant crime, and causes the risk of criminal punishment to a person who has no criminal history, and thus, the nature of the crime is less than that of the crime. However, the Defendant is the first offender who has no criminal history, and the Defendant led to the confession of his non-guilty facts at the investigation stage, which constitutes the grounds for legal mitigation, which is late, and that his mistake is divided later, and all other circumstances constituting the conditions for sentencing such as the Defendant’s age, sex, criminal record, and family relation.

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