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(영문) 수원지방법원 평택지원 2018.12.06 2018고단433

무고

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The Defendant is a person who has been in a relationship with C while working in “D” operated by C from August 2016.

around March 5, 2017, the Defendant: (a) committed an indecent act by force around August 20, 2016; (b) committed an indecent act by force on August 24, 2016; (c) on September 23, 2016; (d) on November 7, 2016; and (e) committed an indecent act by force on November 19, 2016; (c) committed an act by force on November 26, 2016; and (d) committed an act by force on December 16, 201; and (e) committed an indecent act by force on December 3, 2016, 206; and (e) on June 16, 201; and (e) on December 3, 2016, 201; and (g) made a false rape by force on August 21, 2016; and (g) made a statement on June 21, 2016.

However, in fact, from August 20, 2016, the Defendant started with the internal relationship with C and had sexual intercourse under the agreement, and did not have any act similar to C.

In this respect, the defendant made a false accusation for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. The respective legal statements of C and E;

1. Protocols concerning the interrogation of suspects by each prosecutor with regard to C;

1. Statement made by the prosecution against the defendant and E;

1. A protocol concerning the interrogation of each police suspect with regard to C;

1. Statement made by the police against the defendant;

1. Statement made by the police for E;

1. The complaint, each investigation report, and each recording document (the defendant and his defense counsel asserted that not only the defendant had internal relations with C but also suffered from rape, etc. from C.

However, the facts recognized by each of the above evidences and the circumstances shown therein, in particular, the defendant marks C's love in the front of the vehicle, and follows C in the recording.