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(영문) 춘천지방법원 강릉지원 2016.09.29 2016고단400

무고

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Gangnam Branch of the Chuncheon District Court on April 30, 2014, and was provisionally released on August 14, 2014, and the remaining term of imprisonment has expired on September 20, 2014.

[2] On October 20, 2015, the Defendant: (a) at the Defendant’s residence located in Gangnam-si, Gangnam-si; (b) on October 22, 2014, the Defendant: (c) “I am off the clothes of the complainant and forced him/her to wear his/her fingers, and forced him/her to commit an indecent act; (d) on November 21, 2014 of the same year, I am off his/her clothes by force and sexual intercourse with the complainant; and (d) on April 20, 2015, I am off his/her money to the complainant with his/her death of KRW 10,000,000,000 for the Defendant; and (d) prepared a statement to the effect that “I am by force without being aware of his/her personal taxi on August 15, 2015; and (e) submitted it to Gangnam-si Police Station on the same day by mail.”

However, in fact, the defendant was in a relationship with D, and there was no fact that he was rape or forced indecent conduct from D, and D had no fact of intimidation or attacking the defendant.

Accordingly, the defendant had D without the purpose of having D receive criminal punishment.

Summary of Evidence

1. The legal statement of witness D and E;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

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

1. A complaint;

1. Investigation report (Attachment to the Kakao Stockholm content with the suspect stored in the cell phone of the victim A) and output of the conversation attached thereto, and the victim’s mobile phone text message;

1. Photographss of the restoration of mobile phones and details of use of D credit cards;

1. A report on investigation (to hear statements from the F phone of a witness) and a report on investigation (to hear statements from a witness Girls);

1. Previous convictions: inquiries about criminal history, inquiry about confinement, and investigation report (Attachment A, a complainant), which are the following circumstances revealed by evidence of the judgment, i.e., the defendant D.