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(영문) 인천지방법원 2018.09.13 2018고단4720
무고
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant and B are those who work together in the Nam-gu Incheon Metropolitan City C, and have been in an internal relationship.

On February 2, 2018, the Defendant filed a verbal report with the public service center of the Incheon Police Station in the Seoul Southern-gu Incheon Metropolitan City (Seoul), stating that “B was subject to forced indecent act in the company from a commercial person B, and subsequently, led to rape.” After being investigated by the Incheon Northern Sea Center in the same number of Bupyeong-gu Incheon, Incheon (56) as a victim, the Defendant committed an indecent act in the company’s warehouse around December 16, 2017 or around December 23, 2017, the Defendant committed an indecent act in the breast-gu, Incheon. On January 20, 2018, the Defendant committed an indecent act in the company’s warehouse and committed an indecent act in the breast-gu, in his/her hands.”

In addition, I had been raped by the method, such as moving back to the French Modern located in the Jeju Jeju Jeju Island and forced cutting off clothes in his body, taking the body of his body on the part of his body on the part of his body.

“The statement was made”.

However, at the time, the Defendant was in conflict with B at the time, and was forced by B at the same time, and was not subject to forced indecent conduct and rape.

Accordingly, the defendant made a false report to the public official with the aim of having B be subject to criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the examination of suspect B by the prosecution;

1. Application of statutes to output the intra-company screen;

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

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment / [the 6 months - 2 years] basic area of punishment (the 1st type] (the / the 1st year). The / The / The person subject to general mitigation (the / the / the satiscing person): the first offender / the satiscing person who was faced with the harm of sexual crimes, together with the victim.

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