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(영문) 광주지방법원 순천지원 2015.09.25 2015고단517
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 October 31, 2014, at the office of a licensed administrative agent in Macheon-si, the Defendant drafted a complaint stating that “D rapes the Defendant at the home of the Defendant located in Mancheon-si, at the beginning of May 2014, and rapes the Defendant at D’s home located in Jeju-si F on June 15, 2014.”

However, the defendant had sexual intercourse under the agreement between D and the defendant's house, and was sexual intercourse in the process of living for about four months at the house of Jeju Island, and there was no rape between D and the defendant.

Nevertheless, on October 31, 2014, the defendant submitted a written complaint to a police officer who is not able to know his name at the Net Police Station, which is located in the 425-dong-dong, for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Application of the police interrogation protocol to D

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

1. Articles 157, 153 and 55 (1) 3 of the Criminal Act for mitigation of confessions;

1. The same sentence as the order shall be determined in consideration of the reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment] type 1 (general in general) (Article 62(1) of the Act on the Suspension of Execution in consideration of the following: (a) the mitigation area (Article 1 to 1) (Article 1) (Article 62(1) of the Act on the Suspension of Execution (Article 62(1)); (b) self-denunciation

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