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(영문) 춘천지방법원 강릉지원 2019.01.10 2018고단1034

무고

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On September 20, 2018, the Defendant was sentenced to one year of suspension of the execution of six months after having been sentenced to imprisonment with labor for violating the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) at the Gangnam Branch of the Chuncheon District Court, and the said judgment became final and conclusive on December 18, 2018.

【Criminal Facts】

On April 12, 2018, the Defendant used a computer to B using a computer on May 10, 2017, and she saw B and she she she she was her back to A (Defendant) who is cleaning at the residence of B located in Gangseo-si, Gangnam-si, and refused this, and cut A's breast part of A's breast with drinking three times, and rape A's body.

As a result, A has suffered an injury to cage cages.

A letter of complaint stating " was prepared and submitted to the Chuncheon District Public Prosecutor's Office's case department located in 3288-17 (Seakdong) in Gangseo-si in the same day.

However, in fact, as the elderly under 77 years of age who was diagnosed by Jinson Byung was suffering from inconvenience and inconvenience in daily life, B was hospitalized in the E Hospital located in Gangnam-si, and around 11:14 on May 10, 2017, B was hospitalized in the E Hospital located in Gangnam-si, and on May 16, 2017, B was hospitalized in the above hospital until May 16, 2017, and there was no fact that B was raped by the defendant in the above residence on May 18, 2017.

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

Summary of Evidence

1. Protocol concerning the police and suspect examination of the prosecution concerning B;

1. Statement of the criminal complaint, the police of the defendant, and the prosecution;

1. Investigative report (B hospitalization certificate, etc.), records of hospitalization and discharge, and written confirmation of hospitalization;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a same criminal records, etc.);

1. Article 156 of the Criminal Act applicable to the facts constituting an offense, Article 156 of the Criminal Act of the choice of criminal punishment, the defendant selected by imprisonment and his defense counsel are true that B was raped on May 8, 2017 and sustained an injury of the defendant. Thus, the defendant's act may be viewed as non-guilty