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(영문) 서울중앙지방법원 2015.09.23 2014고단7649

무고

Text

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

Reasons

Punishment of the crime

[Criminal Power] On June 19, 2014, the Defendant was sentenced to imprisonment with prison labor and two years and six months for violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes at the Seoul Eastern District Court, and the said judgment became final and conclusive on July 9, 2015.

【Criminal Facts】

On March 11, 2013, the Defendant filed a complaint with C on the content that “the Defendant infringed upon the residence of C on February 16, 2013, and raped C on February 19, 2013,” and had the Defendant feel a mind to have it act in favor of the investigation and trial against himself/herself.

Around October 25, 2013, at the Gangnam-gu Gangnam Police Station located in the Gangnam-gu Seoul Metropolitan Government, the Defendant drafted a false complaint against C with the content that “A, who is the Defendant, had the Defendant punished for a crime of intrusion upon residence and rape.” On February 16, 2013, the Defendant had invaded upon C’s residence on and around February 16, 2013, and sexual intercourse with C’s chest, her chest, her quiter, and her quiter, her quiter, etc., and had sexual intercourse with C at around February 19, 2013, and there was no fact that C did not have committed sexual intercourse with C, since he/she had sexual intercourse with C one time after suppressing his/her resistance.

Nevertheless, around October 25, 2013, the Defendant submitted the above written complaint to the Assistant D at the Gangnam Police Station around October 25, 2013, and was present at the investigation of the Gangnam Police Station and the economic 4 team office around November 11, 2013 and stated the same purport as the written complaint to the police officer.

As a result, the defendant was arrested for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Each protocol of examination of the accused by the prosecution against the accused (number 5, 6, 7 of the evidence list);

1. Each police protocol of statement against the defendant (Nos. 10, 20 of the evidence list);

1. A written complaint (No. 1 in list of evidence);

1. The case summary agreement assistant council;

1. Seoul Eastern District Court Decision 2013 High Court Decision 244

1. The Seoul High Court Decision 2014No1951;

1. Application of Supreme Court Decision 2015Do4237 Decided statutes;

1. Criminal facts;