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(영문) 인천지방법원 2018.11.07 2018고단3970

무고

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:00 on December 9, 2017, the Defendant got locked along with D at the residence of the Defendant, Nam-gu Incheon Metropolitan City C Loans, No. 203, 2017.

After that, the Defendant reported to the effect that he was raped from D around 04:25 on the same day by finding the above residence between 02:00 to 04:00 on the same day, and the Defendant and D were locked together with the Defendant. The Defendant alleged that he was raped from D, and on the same day, reported to the effect that he was raped from D around 04:25 on the same day, and around 10:10 on the same day, the Defendant was present at the Incheon East Eastern Sea Organization Center located in 217, Dong-gu Incheon Metropolitan City, Dong-gu, Incheon Metropolitan City, Dongbrodo, and the police officer F, who was in charge, was in attendance at the floor, and prevented him from her from getting off by cutting off the arms about to her own, and forced her losses, and she was not forced from D.

“.” D was forced to engage in sexual intercourse.

“The statement was made”.

However, in fact, from around 22:00 on December 8, 2017 to around 01:00 on December 9, 2017, the Defendant performed a sexual intercourse under the agreement after drinking alcohol together with D from the mutual drinking house called “H” and “I” located in Nam-gu Incheon Metropolitan City G, and drinking alcohol together with D to the Defendant’s house.

Accordingly, the Defendant reported false facts to the public officials for the purpose of having them criminal punishment as above, and made a false accusation against D.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Recording records;

1. Application of USB and CD-related Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Code of the Social Service Order (the defendant and his defense counsel asserted that the defendant was raped by D, and thus, it is not false that D.

However, according to the evidence duly adopted and examined by this court, the defendant is subject to criminal punishment D.