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(영문) 수원지방법원 2014.10.16 2014고합255

무고등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

1. On August 10, 2013, the Defendant: (a) on August 10, 2013, the Defendant caused the injury by indecent act by compulsion; (b) on the “E, which is a residence of the victim D with the victim D of the fourth floor in Bupyeong-si, Seocheon-si (Acheon-si, 50 years of age); (c) the victim, who opened the entrance door, committed an indecent act by compulsion against the victim by leaving the victim’s chest back to close the door; and (d) the victim, while playing at the port, caused the victim to undergo approximately two weeks of treatment, such as the core in the front part of the right side, which requires approximately two weeks of treatment.

2. Around February 18, 2014, the Defendant filed a complaint with the public service offices of the Suwon District public prosecutor’s office located in the jurisdiction of the Suwon-si, Suwon-si.

Around August 10, 2013, the criminal defendant D reported that he/she was forced to commit indecent acts by force and sold in the process of indecent acts by force, although he/she did not have suffered indecent acts by force by force by the defendant, and the fact that the defendant suffered injury that requires approximately two weeks of medical treatment by deceiving and pushing the chest of D.

In this respect, the defendant was arrested for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Court statement of the defendant (which is made on the fifth trial date);

1. Legal statement of witness D;

1. The prosecutor's statement against the defendant;

1. Each police statement made to D or F;

1. Recording notes, telephone recording CDs;

1. A complaint;

1. A report on occurrence of a crime, each investigation report (the Nos. 12 and 18 of the evidence list), an investigation report (the evidence list No. 22);

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to photographs of the victim and the scene of the case, and the body pictures of the victim;

1. Relevant Articles 301, 298, and 156 of the Criminal Act concerning criminal facts, the applicable Articles of the Criminal Act concerning the selection of punishment, and Articles 301, 298, and 156 of the Criminal Act;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act (with respect to a crime of confession and false accusation), which are statutory mitigation;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be more severe injury resulting from indecent act by force;