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(영문) 서울동부지방법원 2014.11.27 2013고단1770
무고
Text

A defendant shall be punished by imprisonment for six months.

except that 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 April 22, 2013, the Defendant prepared a false statement of complaint with respect to B using a verification color pension with the aim of having B receive criminal punishment at the public service center of the Seoul Mine Police Station located in Gwangjin-gu, Seoul Special Metropolitan City(243-32) Dong-dong, Gwangjin-gu, Seoul.

Around February 20, 2013, the complaint states that "the defendant B, who was the defendant, had sexual intercourse with the defendant by force from the defendant's office on the part of February 20, 2013, was raped and raped on more than two occasions thereafter," and that "a sexual intercourse was made under mutual agreement between the defendant's wife and the defendant."

On April 22, 2013, the Defendant submitted a written complaint to the public service center of the Seoul Mine Police Station, which submitted the written complaint to the police officer in the name of the Defendant.

Summary of Evidence

1. Part of the prosecutor's protocol of examination of the defendant

1. The suspect interrogation protocol of the police as to B;

1. Part of the police statement of the defendant

1. Application of Acts and subordinate statutes to the head of the complaint, data on the telephone details of the defendant, and list of the Kakao Stockholm dialogue content;

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

1. The instant crime on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is a criminal act committed by the Defendant against rape after sexual intercourse with the other party, and its nature is not good.

However, a favorable circumstance should be considered in light of the following: (a) the Defendant recognized as a substitute for the crime in the course of investigation; (b) the Defendant did not have any previous conviction; (c) was aware of pregnancy; and (d) was thought to have been pregnant between the other party and the other party; and (d) the other party appears to have avoided liability.

In addition, the sentencing conditions indicated in the records, such as the defendant's age, character and conduct, environment, family relationship, occupation, etc., shall be considered as the disposition.

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