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(영문) 전주지방법원 2015.05.28 2015고단59

무고

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On August 16, 2013, the Defendant prepared a complaint stating that “F, the Defendant’s wife, has sexual intercourse with himself/herself, who is not fooded for drinking on May 30, 2013, and was forced to sexual assault from her car on 23:00 on June 1, 2013, and submitted it to the Jinjin Police Station on August 20, 2013.”

However, in fact, around 01:30 on May 30, 2013, the sex relationship between the Defendant and F was under mutual agreement, and at the time, the Defendant was not in a state of drinking, and the Defendant was trying to make three telephone conversations with the Defendant’s mother prior to the aforesaid sex relationship, and, after sexual intercourse, F read “I am out of the vehicle, I am out of the vehicle, and I am out of the vehicle,” and even around 23:0 on June 1, 2013, the Defendant was sexual intercourse under mutual agreement with F, and there was no quasi-rape or rape of the Defendant, as stated in the complaint submitted by F.

As a result, the defendant submitted a false statement to the Seongdongjin Police Station for the purpose of having criminal punishment imposed upon him.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. F statement of the suspect interrogation protocol of the defendant by the prosecution

1. A copy of the protocol of examination of prosecution concerning F;

1. A copy of each protocol of suspect examination of the police against F;

1. Copy of the police statement against the defendant;

1. Copy of the complaint;

1. Application of Acts and subordinate statutes to a criminal investigation report (a warrant for search, seizure, verification, confirmation of grounds for impossibility of execution thereof; and

1. Determination as to the assertion by the relevant Article of the Criminal Act, Article 156 of the Criminal Act regarding criminal facts, and the Defendant of the choice of imprisonment and defense counsel

1. The summary of the argument is that the Defendant was quasi-rape or raped by F, and thus the Defendant did not inf.

2. In the case of the offence of false accusation, it shall be determined whether the truth of the content of the accusation is sufficient to be recognized.

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