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(영문) 광주지방법원 목포지원 2015.11.10 2015고단1161
무고
Text

A defendant shall be punished by imprisonment for six 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 June 9, 2015, the Defendant drawn up a false complaint with respect to B using the tripary pension in the Jeonnam-gu, Mapo-si, Mapo-si.

On June 9, 2015, at around 10:00 a.m., the defendant filed a complaint with the police officer who could not know the name of the defendant's office, on the same day. The defendant submitted the above complaint to the police officer, who could not know the name of the defendant's office, because he raped the defendant's office C apartment house 23 subs.m.

Then on the same day, the Defendant stated that the police officer “(B) was tightly pushed off and laid off the clothes by shock, putting the clothes on the 23th floor of the 23th floor of the 20th floor,” and that the Defendant was forced to go off and put off the clothes by force.” However, the Defendant did not have sexual intercourse under the agreement with B on June 9, 2015, and the Defendant did not have a forced sexual intercourse with the Defendant.

Accordingly, the defendant reported false facts to the investigation agency for the purpose of having B punished criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning B;

1. The police statement of the defendant;

1. A complaint;

1. Application of the Act and subordinate statutes to the investigation report (in relation to the instant case, the attachment of the CCTV screen, etc. after cutting down the C apartment B-house CCTV):

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

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

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

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

1. Determination of types of crimes: Type 1 (general accusation);

2. Determination of the scope of sentence: The accused who has rendered the decision of sentencing range, one year or less (a person subject to special mitigation: Confession) recognizes the crime of this case;

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