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(영문) 대전지방법원 홍성지원 2015.05.15 2014고단788

무고

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On March 3, 2014, the Defendant drafted a false complaint against C at the French land.

The content is that "A defendant C, at around 11:30 on February 15, 2014, was forced to be off and raped by her clothes from her complainant 510 in Chungcheongnam-si, Chungcheongnam-do." However, the fact was that C attempted to engage in a sex relationship under the agreement between the defendant and C, but only did not have a sex relationship with C, and there was no fact that the defendant was raped by C.

Nevertheless, the defendant submitted a written complaint to the public service center of the Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, 33 on the same day.

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

Summary of Evidence

1. C’s legal statement;

1. Examination protocol of the accused and C by the prosecution;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 156 of the Criminal Code of the relevant criminal facts provides that the defendant and his/her defense counsel, in fact, filed a complaint for rape from C, and thus do not constitute an accusation.

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, i.e.,: (a) the Defendant was unable to think that C had sexual intercourse at the time of entering the conference room; (b) even though C had been given an opportunity to flee due to taking a bath first after entering the conference room, C had continued to run in the conference room; (c) the Defendant voluntarily stated that C had no assault or intimidation from C at the time; and (c) if the Defendant was raped by C as alleged by the Defendant, it would be general to immediately file a complaint or escape from contact with C, but rather, the Defendant was raped by C.

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