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(영문) 대구지방법원 경주지원 2013.09.12 2012고단1146

무고

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On June 7, 2012, the Defendant: (a) filed a complaint with the racing police station located in Dong-dong 150, Dong-dong, Chungcheongnam-si; (b) “C exceeded, and raped the clothes of the Defendant at the Defendant’s place of residence on April 9, 2012, and on the new wall, C submitted a complaint to the effect that “A was discharged, made a supplementary statement on June 8, 2012; and (c) was divingd with C with “A while making a supplementary statement on the complaint on June 8, 2012; and (d) was forced off, off, and was raped with Tti and Cheongbane by force on April 9, 2012; and (c) the Defendant was unable to resist due to the lack of any fluorial relationship.”

However, on December 31, 2011, at C’s house, the Defendant had already been sexual intercourse with C one time, and around April 20, 2012, the Defendant found C, as the Defendant found C, and entered C, as the house of C, and divided C with C in the situation where the Defendant saw C and locked and spats were put into a shower and spats. On April 9, 2012, at around 00:15, the Defendant was in a sexual intercourse with C, and the Defendant did not have a sexual intercourse with C by force under the circumstances where the Defendant was self-employed.

As a result, the defendant did not prosecute C with a view to being subject to criminal punishment.

Summary of Evidence

1. Protocol of examination of witness regarding C;

1. Each prosecutor's interrogation protocol concerning C;

1. Part of each prosecutor's protocol of examination of the accused

1. To enter in and present the written complaint;

1. Application of the statute on communications between Messengers

1. Relevant Articles of the Criminal Act and Article 156 of the Criminal Act regarding criminal facts and the choice of punishment (the selection of fines in consideration of the fact that the defendant has yet to be older and has no record of crime, and that the defendant has character and conduct);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;