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(영문) 수원지방법원 2013.04.25 2012고단5627

무고

Text

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

Reasons

Punishment of the crime

On July 16, 2012, the Defendant prepared a false complaint with respect to C using a black pen in order to have C receive criminal punishment from the public service center of the Sungdong Police Station, which is located in the 596 Sinsan-si, Sinsan-si, Sinsan-si.

The complaint states that "The defendant C, at around 00:40 on June 24, 2012, rapes the defendant in the Essing room operated by the defendant in the Ssing room in the Ssing room in the Ssing room in the Ssing room in the Ssingsi."

However, on June 24, 2012, the fact that the Defendant was raped, although he met with C on June 24, 2012, he did not have been raped.

Nevertheless, the above defendant submitted the above complaint to the person in charge of the civil service center of the Sungdong Police Station, and made a statement to F to the same purport, and filed a complaint with F.C.

Summary of Evidence

1. Each legal statement of witness C and G;

1. Each prosecutor's protocol of examination of the accused;

1. The police statement of the defendant (the fourth page of the investigation record);

1. Recording record preparation report;

1. Investigation report (report attached to records on related cases);

1. Application of the Acts and subordinate statutes to the complaint;

1. The Defendant and his/her defense counsel’s assertion on the criminal facts under Article 156 of the relevant criminal law and Article 156 of the Criminal Act regarding the judgment of the Defendant and his/her defense counsel asserted that the Defendant was not guilty because he/she raped the Defendant. However, on June 24, 2012, the following circumstances acknowledged by each of the evidence revealed as follows: (a) the Defendant asserted that the Defendant was raped by C; (b) G living together with the Defendant who was at the time, was sexual intercourse with the Defendant; (c) C’s illness at the time; and (d) he/she was investigated by the police on July 9, 2012 by suspicion of rape with G; and (c) the Defendant stated that the Defendant would have revoked the complaint with H while communicating with G; and (d) the Defendant and H were living together after the investigation of H. considered.

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