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(영문) 부산지방법원 2016.04.20 2016고정266

무고

Text

Defendant shall be punished by a fine of three million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

From October 4, 2014, the Defendant: (a) from around October 4, 2014, at the time of having come to a frequent dispute with B, as a matter of contact with B himself/herself, and (b) came to end on August 21, 2015.

On August 22, 2015, the Defendant reported to the effect that “ continuously was sexually abused to a person who has returned to death,” by continuously reporting to the 112 on the road near the Northern apartment in Busan Metropolitan City at around 23:59 on the same day, when the Defendant was forced to fight B and the horse at around 23:00 on August 22, 2015, and the same year.

8. 23. 23. 02:59 reported to the 1112 re-motor vehicle near the road in Busan Metropolitan City, and reported to the 10. Do, “A sexual assault was forced to drink(s).” The police officer called to visit the office of the Gender Investigation Team for Women in the Busan Northern Police Station in the Busan Northern City, which is located in the Busan Northern City, with the police officer called to visit the Assistant E to the Assistant E (B: 23:00 on August 18, 2015, she refused to engage in sexual intercourse while drinking at the Gel located near the Busan East-gu, Busan Metropolitan City, despite his/her refusal to engage in sexual intercourse.

The body was divided into arms in the past, and the resistance was prevented, and the body was forced to be off and raped by force, and made a statement as a victim.

However, around August 18, 2015, there was no fact between B and her mother, and around that time, the Defendant was between B and her death, and only was sexual intercourses under mutual agreement, and there was no fact that B had raped the Defendant.

Accordingly, the defendant did not appeal B.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the prosecution against the defendant;

1. Statement made by the police against the defendant;

1. Notification to the department related to the report of each 112 case;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 156 of the Criminal Act concerning the facts constituting an offense, Article 156 of the Criminal Act selecting a fine, and the choice of

1. Articles 157 and 153 of the Criminal Act to mitigate self-denunciation;

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

1. The order of provisional payment;