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(영문) 서울동부지방법원 2021.02.10 2020고단3968
무고
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

On January 2, 2020, the defendant prepared a written complaint against C and D living together at the defendant's office located in Songpa-gu Seoul, Songpa-gu, Seoul, and submitted the above written complaint to the police officer on January 3, 2020 at the Seoul Mine Police Station located in Gwangjin-gu, Seoul on January 17, 2020.

The complaint filed by the defendant D about October 25, 2019, about 04:00 on October 25, 2019, about 04:00, about 199, about 200, about 30:00, about 4:00, about 201.

B. A criminal record is a criminal record, and he/she has come to prisons.

Women have been raped by leading women in child birth.

The contents or facts of "hicker who would be forced to be forced to commit similar rape by causing the complainant to frighten the sexual organ of the defendant." The defendant voluntarily committed a similar act with D, and the defendant did not have been subject to similar rape through assault or intimidation from D.

As such, the Defendant reported false facts to public offices for the purpose of having D receive criminal punishment, and made a false accusation against D.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against D, A, or D;

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

1. Article 156 of the Criminal Act and the choice of punishment for the crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended punishment according to the sentencing guidelines [type 1] and the general accusation [Attachment 1] - The elements of mitigation: Confession [Scope of recommendation and recommendation] mitigation area, reduction area, 1 month through 1 year [Grounds for Suspension of Execution] - The major reasons for recognition: there is no history of significant conviction or criminal punishment;

2. The fact that the defendant in the decision of sentence recognizes the crime and repents the mistake, that the health of the defendant is not good, and that there is no record of crime.

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