logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 충주지원 2014.06.20 2013고단796
무고
Text

Defendants shall be punished by imprisonment for six months.

However, as to the defendants for one year from the date this judgment became final and conclusive, the defendants are above.

Reasons

Punishment of the crime

1. On June 26, 2013, Defendant A reported that “the Defendant was raped” by phone calls around 07:58, and on the same day, around 09:10 on the same day, Defendant A stated that “E was subject to punishment because he/she was raped” at the D District Unit of the Chungcheong Police Station, and stated that “A person was punished for rape.” Around November 19, 2013 at the Cheongju District Public Prosecutor’s Chungcheong Branch Office, the same content as the prosecutor.

However, there was no rape from E because the Defendant had sexual intercourse under the agreement with E.

Accordingly, the defendant reported false facts to public officials E for the purpose of having criminal punishment imposed upon them.

2. On June 26, 2013, Defendant B reported to the Chungcheong Police Station that “E was subject to sexual assault, and thus punished.” On November 14, 2013, Defendant B also made a statement to the Prosecutor in the Chungcheong Police Station of the Chungcheong District Prosecutors’ Office.

However, there was no rape from E because the Defendant had sexual intercourse under the agreement with E.

Accordingly, the defendant reported false facts to public officials E for the purpose of having criminal punishment imposed upon them.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of witness E;

1. Each prosecutor's protocol of examination of the Defendants and E

1. Each police statement against the Defendants

1. 112. List of reported cases;

1. Application of the Kakao Acts and subordinate statutes

1. Relevant Articles of the Criminal Act and the Defendants’ choice of punishment: Article 156 of the Criminal Act;

1. Defendants to be legally mitigated: Articles 157, 153, and 55 (1) 3 (Confession) of the Criminal Act;

1. Defendants on probation: Defendants and their defense counsel’s assertion and determination under Article 62(1) of the Criminal Code are not reported in bad faith with the clear knowledge that the Defendants did not have sexual intercourse under the agreement with E at the time of reporting, but the Defendants were not aware of the fact that they had sexual intercourse. In a state where the situation at the time of sexual intercourse was not well memory due to multiple drinking relationships.

arrow