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(영문) 서울중앙지방법원 2017.02.02 2016고단6571
무고
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 20, 2015, the Defendant prepared a false complaint against F with the aim of having F take criminal punishment at the T law Office located in Seocho-gu Seoul Metropolitan Government, and for having F take criminal punishment.

A written complaint states, "F, at around 02:30 on November 21, 2014, was raped once by the complainant at the house of the complainant in Gangnam-gu Seoul Metropolitan Government, and around November 28, 2014, attempted to rape the complainant at the house of the complainant, but did not bring the complainant's body and did not bring the criminal intent to punish him/her on the wind." The facts are as follows: "F, as a relation with the defendant and F, was sexual intercourse under mutual agreement and did not have been raped by F.

Nevertheless, around February 27, 2015, the Defendant submitted the above complaint to the police officers in name in the Seoul Gangnam-gu Seoul Gangnam Police Station civil service center located in Samsung 113-ro 12 (T& Dong), Gangnam-gu, Seoul, Gangnam Police Station civil petition office, which submitted the above complaint to the police officers in order to keep the F.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. Copy of each prosecutor's protocol concerning the examination of suspect with respect to F;

1. Statement made by the police with regard to F;

1. Copy of each police statement made by the defendant;

1. Copy of the complaint;

1. Application of the No. 20 of the No. 20 of the No. 20 of the No. 20 of the Evidence No. 20 of the No. 30 of the No. 30 of the A. 13 of the A. Kakao Stockholm

1. Article 156 of the Criminal Act applicable to the facts constituting an offense and Article 156 of the choice of punishment;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the crime of this case was committed against the victim as a serious crime, and its nature is bad. The defendant asserts that the victim raped himself/herself in this court. This case appears to have suffered considerable damage not only to material damage, such as the suspension of broadcasting activity, but also to have suffered considerable image.

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