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(영문) 서울서부지방법원 2020.04.01 2019고단4021
무고
Text

A defendant shall be punished by imprisonment for not less than three 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 July 8, 2019, the Defendant submitted a written complaint to the Seoul Western Police Station located in 113 as the reunification of Seodaemun-gu Seoul, Seoul on July 8, 2019, that “B is a customer with the main points of C around 01:0 on June 22, 2019, and the Defendant, the owner of the business, as a customer, and forced the Defendant to cut off his shoulder and forced the Defendant, and forced the Defendant to rape, but the Defendant was unable to commit rape, and thus, B was punished as attempted rape.” On July 15, 2019, the Seoul Western Police Agency and the desired center stated to the same purport.

However, the above facts, while drinking alcohol together with the defendant at the above temporary border, requested that the defendant "I dal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sal sals

Accordingly, the defendant reported false facts to public offices for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement that conforms to the truth stated in the police statement against the defendant;

1. Application of described and existing Acts and subordinate statutes that conform to the facts stated in the complaint;

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing guidelines (decision of types) [Type 1] general accusation (special sentencing person] mitigated elements: Voluntary confession (the scope of the recommended area and the range of the recommended punishment), mitigated areas, imprisonment for one month through one year;

2. The Defendant’s age, including the fact that a false accusation was made in the course of the determination of sentence and the fact that his mistake was recognized and reflected.

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