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(영문) 서울북부지방법원 2018.12.11 2018고정1373

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

On December 16, 2017, the Defendant reported that “the Defendant was raped to a male who had been on the preceding day,” around 112, the Defendant reported on December 16, 2017, and that “D was the Defendant’s residence at the Defendant’s residence in Dongdaemun-gu Seoul and the third floor in Dongdaemun-gu Seoul and the third floor, and that the Defendant was not the Defendant.”

In spite of the Defendant’s attempt to kis several times, the Defendant made a false statement to the effect that “after having knicked the Defendant’s knife the Defendant’s knife and pushed off the Defendant’s clothes on the floor by force, the Defendant forced sexual intercourse and forced rape.”

However, the facts indicate that D, at the above temporary border, was flaged by the defendant's knife, was tightly flaged, was off of the defendant's clothes by force, or that the defendant was not the defendant.

In spite of the fact that the defendant's bridge was prevented from driving, it was not forced to enter into a sexual relationship, but was only a sexual relationship under the agreement with the defendant.

Nevertheless, the defendant, however, did not have the purpose of having D receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

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

1. A criminal investigation report (to submit this report after capturing a suspect Kakao Stockholm conversation);

1. Application of Acts and subordinate statutes to a report on investigation (the Kakao Stockholm dialogue between the suspect and the victim after the occurrence of the case);

1. Relevant legal provisions concerning criminal facts, Article 156 of the Criminal Act concerning the choice of punishment, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The criminal liability for filing a false report even if the person fails to be raped on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act in the order of provisional payment

subsection (b) of this section.

However, the defendant was committed during the investigation of the case, and is in depth against himself.

There is no punishment imposed in Korea.

These circumstances and the ages, characters, and behaviors of the defendant;