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(영문) 수원지방법원 2016.12.15 2016고정2685

무고

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant was in a relationship with B, and there was a relationship with B.

At around 06:00 on May 5, 2016, the Defendant, at the residence of Suwon-si, was investigated as the victim of the crime of confinement, on the ground that B, while having ties with B in order to engage in a sexual intercourse with B, he/she would go to the Defendant’s house because B puts his/her fingers into the Defendant’s house, and he/she would go to go to the Defendant’s house. He/she reported that B would be able to fully repay the money he/she borrowed from B, and that he/she would be able to return the money he/she borrowed from B to his/her house.

Since then, on May 6, 2016, the Defendant made a false statement about “Rape” to police officers of Suwonnam Police Station C, “B would be raped on the first day of the No. B,” and forced the Defendant’s sexual organ inserted two times into the Defendant’s sound book.

However, the Defendant was naturally and naturally contacted with B in a personal relationship, and only caused the franchising, and did not have been raped from B after the franchising.

Accordingly, the defendant was arrested for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the suspect examination protocol concerning B to the prosecution;

1. Article 156 of the Criminal Act and Article 156 of the same Act concerning criminal facts and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is against the truth-finding of the instant crime, taking into account the first offender, the relationship between the Defendant and the deceased, the circumstances leading to the instant crime and the results thereof, etc.