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(영문) 서울남부지방법원 2013.12.27 2013고단3584

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 26, 2013 and June 4, 2013, the Defendant had sexual intercourse with C who worked together in the beauty art room.

The Defendant, as seen above, had a male-child relationship with C appear, had C drink and drink so that C was sexually raped in a state that he lost his mind in order to escape him, and had C feel raped.

Therefore, on July 27, 2013, the Defendant: (a) at the Bosatosaw Support Center located in the Newcomna-dong, Dongjak-gu, Seoul on July 27, 2013 for the purpose of having C criminal punishment; (b) on May 26, 2013, the Defendant drinking alcohol together with C on May 26, 2013; (c) had sexual intercourse with C on June 4, 2013; and (d) had sexual intercourse on two occasions with C on June 4, 2013; and (c) even if C had sexual intercourse with Gel in the Geumcheon-gu Seoul Metropolitan Government F on two occasions, the Defendant quasi-raped himself under the influence of alcohol twice on May 26 and June 4, 2013.

‘A false complaint' submitted a false complaint to the police officer of the Guro Police Station who works for the Center.

Accordingly, the defendant did not appeal C.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

1. The application of Acts and subordinate statutes to an investigation report (report accompanied by a mother-day analysis report);

1. Article 156 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Articles 157 and 153 of the Criminal Act for mitigation of self-denunciation;

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da1441, Apr. 1, 201)

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