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(영문) 수원지방법원 2016.12.08 2016고단1290

무고

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 29, 2015, the Defendant appeared and made a statement as a victim of rape in the case of rape B at the Support Center for the Integrated Sexual Violence of the Ariju University Hospital located in Suwon-si, Suwon-si, 164, the Defendant: (a) stated, “A judicial police officer assistant C who is investigating the instant case by inserting his shoulder from B’s house to the Ari-man’s own hand, and inserting his throgate on the body’s body. Around 08:00, the Defendant was raped by inserting his shoulder from B’s house to the Ari-man’s body. However, even though he refused to take the body picture, B was unable to resist the body’s body. B was punished.”

However, the facts were that the defendant had sexual intercourse under the agreement with B and that B had no rape by assault or intimidation against the defendant's will.

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

Summary of Evidence

1. The police statement of the defendant;

1. The suspect interrogation protocol of the police as to B;

1. Application of Acts and subordinate statutes on the Kakao list exchanged between a suspect and the victim;

1. The reason for sentencing [the scope of recommendation] under Article 156 of the Criminal Act and Article 156 (Selection of Imprisonment] The reason for sentencing [the scope of punishment] [the person who has no basic area (6-2 years)] [the decision of sentencing] of the category 1 of the Criminal Act [the person who has no special appearance] [the decision of sentence] and the crime is not only to interfere with the proper exercise of the State's penal authority, but also to interfere with the crime where the individual who intends to be subject to criminal punishment suffers suffering and danger from unfair criminal punishment, but the crime is not committed in the course of investigation, but there is no substantial damage to the victim. However, it is clearly stated that it is in the course of investigation that it is nothing more thanks to the fact that the defendant is the primary offender, other defendants' age, character and behavior, motive for committing the

It is so decided as per Disposition for the above reasons.

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