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(영문) 대구지방법원 안동지원 2016.09.02 2016고단280

무고

Text

1. The punishment of the accused shall be one year;

2. Provided, That the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The Defendant was raped twice from D on September 19, 2015 at the Integrated Support Center for Victims of Sexual Violence located in the Ansan Medical Center on November 18, 2015, when he/she had the ability to discern things or make decisions due to an on-site illness, etc.

Although there was no refusal to do so, noise was tightly and tightly tightly, there was no power to do so.

On the other hand, the sale was continued every time it is anti-paragraph.

On the other hand, kn't have been able to escape.

around November 20, 2015, the Ansan Police Station made a statement to the effect that it was "a rape" and submitted a complaint to the Defendant Defendant D stating that "on September 19, 2015, at the 3-4:00 p.m. place near the apartment-dong, the payment of the telecom rate was made by inserting the telecom. Forced inserting the embs by inserting it. At September 19, 2015, the Defendant C was forced to be placed at the 88 p.m. management office located near the Song-dong terminal located in force at 9:0 p.m. on September 19, 2019, stating that "the embscence was fested by inserting the plastic flag."

However, the facts were that the defendant had sexual intercourse under the agreement with D, and there was no violence or intimidation from D.

In this respect, the defendant was arrested for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A criminal complaint prepared by the defendant;

1. The police statement of the defendant;

1. The details of the phone calls A, the result of each digital analysis, and the result of the restoration of the victim's cell phone messages (e.g., text and Kax, etc.);

1. Each investigation report and accompanying materials;

1. Application of Acts and subordinate statutes of written appraisal of appraiser E;

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Article 62 (1) of the Criminal Act;

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

1. Recommendations based on the sentencing criteria;

(a)a type of determination: