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(영문) 부산지방법원 2014.09.25 2014고단5424

무고

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On March 24, 2014, at around 19:21, the Defendant reported to the police officer of the Busan East-dong Police Station, who is working at the Busan-dong-dong-gu Busan-gu Support Center, a statement to the effect that “The Defendant had sexual intercourse once with the victim of sexual assault cases, after having reported to the police officer of the Busan-dong Police Station, who was working at the same place, that “The Defendant had sexual intercourse once after he/she was unable to resist the sobriable exemption from drinking alcohol, which he/she was drinking.”

However, in fact, the defendant had been aware of about five years before he had been living in Seoul and had a head of contact with B and had a head of contact with B, and the defendant visited Busan where the defendant was living in Seoul and drinking drinking together, and sexual intercourse was done at the defendant's home with the agreement, and B did not have any exemption from drinking.

Nevertheless, the Defendant stated the false content as above, with the knowledge of the sex relationship with B, that the Defendant’s wife, who did not contact with B after the sex relationship, and opposed to B, was aware of the sex relationship with B and reported by rape.

Accordingly, the defendant was dismissed for the purpose of having B be subject to criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. The suspect interrogation protocol of the police as to B;

1. The prosecutor's office and the police statement of the accused (including the B's statement);

1. A copy of the counseling log for victims of sexual assault;

1. Photographs, etc.;

1. Application of Acts and subordinate statutes to investigation reports (video recording, etc. to the accused);

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

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to mitigate confessions;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds that the defendant has no history of criminal punishment and seems to reflect the crime of this case);

1. Order of social service is issued for the reasons under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc.