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(영문) 인천지방법원 2020.05.14 2019고단9098
무고
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

【Criminal Power】 On September 9, 2015, the Defendant was sentenced to one year of imprisonment by force in the Incheon District Court for the crime of indecent act by force, etc., and the execution of the sentence was completed at the Sungsung Vocational Training Correctional Institution on September 7, 2016.

【Criminal Facts of Crimes】 On September 20, 2017, the Defendant prepared and submitted a false statement stating that “B, on June 10, 2017, committed an indecent act by force against the complainant due to the fluor’s sexual desire in the mountain book located in the Incheon Southern-ro, 290-ro, Michuhol-gu, Incheon, Michuhol-gu, Incheon (U.S., Incheon), and the public service center of the Incheon Southern-do Police Station (U.S., Incheon), which was located in 32,00,000.”

Accordingly, the defendant was arrested for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. The prosecutor's statement concerning B;

1. Each police statement of the defendant;

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

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Scope of the recommended punishment according to the sentencing guidelines [decision of types] and the general accusation [type 1] and mitigation elements (special sentencing person]: Voluntary confession [the scope of recommending area and recommendation range] mitigated area, imprisonment with labor for one month through one year;

3. The circumstances favorable to the Defendant are recognized, such as the Defendant’s confession of the instant crime, and the Defendant’s accusation and the Defendant’s accusation and punishment did not occur until the date of prosecution or criminal punishment.

However, the crime of this case was committed for the purpose of having B receive criminal punishment, even though the defendant did not have been forced by indecent act from B, and the criminal liability is heavy in light of the contents of the crime, and the defendant.

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