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(영문) 창원지방법원 밀양지원 2017.11.02 2017고단137

무고

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal record] On April 27, 2017, the Defendant was sentenced to imprisonment for and six years to the crime of rape by the Changwon District Court, and the judgment was finalized on May 5, 2017.

[2] On December 28, 2016, the Defendant: (a) written a false complaint against C in the Changwon Prison in Changwon-gu, Changwon-si, Changwon-si; (b) submitted a false complaint to C by mail at around January 2, 2017; and (c) prepared a false complaint with respect to C to the same purport at the same place on December 30, 2016 at the same time; and (d) submitted it by mail at the Yangyang Police Station around January 3, 2017.

On October 21, 2016, the above accusation states that “The defendant C had not been raped by the defendant on October 21, 2016 and filed a false report to the effect that the complainant had been punished for rape.”

However, on October 21, 2016, the Defendant: (a) forced the part of the part of the part of the part of C in △△△ Da located in the △△ branch located in D around 21, 2016; (b) took C into the residence of C located in the said multi-story 3rd floor in the state of her lavering, she was pushed off C; (c) she was tightly placed into the bed, she was tightly placed into the bed; and (d) “I am within her, there are several questions, and she died and died of it; (d) the Defendant died and died of it;

Lifelongly, it shall be the same.

“C was sexual intercourse and rape once, and C reported the above fact to the police immediately after the sexual intercourse.

As a result, the defendant made a false accusation for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Three-time trial records and the protocol of examination of the witness of victim E (No. 2 times in the list of evidence);

1. Protocols of the fourth public trial and the defendant examination protocol (No. 2 times in the list of evidence);

1. Each complaint (Evidence 3,4)

1. Previous conviction in judgment: Application of the text of judgment and inquiry of the case;

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

1. After Article 37 of the Criminal Act, the reason for sentencing provided for in Article 39 (1) of the same Act;

1. Article 37 of the Criminal Act