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(영문) 울산지방법원 2017.05.18 2017고단800

무고

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 4, 2016, the Defendant reported at around 00:16, 303, Ulsan-gu, Seoul-gu, to 112, and reported to the effect that “Issan-gu, the Defendant was raped with a new wall blance on November 29, 11; hereinafter the same shall apply)”, and stated to the effect that “Issan-gu, a five-dong, Ulsan-gu, Seoul-gu, Seoul-do, was present at the Integrated Support Center for Victims of Sexual Violence (hereinafter the same shall apply) and was sexually abused from D at any her mother, on the same day.”

However, in fact, the Defendant had been living together with D and her house with drinking, and had sexual intercourses under the agreement without any forced force at night and at least twice during the night. On this fact, the Defendant was informed to the male-child body of such fact at the end, and did not have been raped by taking the drugs or using the drugs as mentioned above.

Nevertheless, the defendant brought a complaint against D with the aim of being subject to criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Statement protocol of the police with respect to E (tentative name) (netly two);

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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 Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution shall be taken into account the harm of the crime itself and the harm caused by such harm, but there is no record of punishment for the same crime, there is no record of past record of the suspension of execution, and there is no record of past record of the suspension of execution, the fact that the victim is not subject to the punishment of the defendant, reflects the fact

1. The community service order under Article 62-2 of the Criminal Act;