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(영문) 청주지방법원 충주지원 2019.02.13 2018고단465

무고

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

Around August 2015, the Defendant became aware of B through a mobile game, and then came to meet B for the first time on October 17, 2015. From around that time to May 2016, the Defendant was willing to file a complaint against B for rape with B, who was informed of B from May 9, 2016.

On September 29, 2017, at around 03:00 on October 21, 2015, the Defendant prepared a complaint to the Cheongju District Prosecutors' Office located in the Cheongju District Office located in 101, stating that the Defendant was rape B from the house located in the Cheongbuk-gun A to punish B as the crime of rape, and submitted it to the Cheongju District Prosecutors' Office located in 101 as the order of the Chungcheongbuk-si.

However, the fact that the defendant was sexual intercourse with B around October 18, 2015 and did not have been raped from B.

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

Summary of Evidence

1. The defendant's partial statement (the fact that an accusation identical to the time of sale has been filed) ;

1. Legal statement of the witness B;

1. Investigative reports (Attachment to the rulings, etc. related to cases), inquiry into consolidated cases, summary orders and rulings;

1. Investigation reports (report on attachment to related civil judgments) and judgments;

1. Court rulings and preparatory documents;

1. D’s address (A-B’s address), D’s message (A-B’s ancillarys), grouply D’s D’s message, leakage of D’s message (297 pages of investigation record), D’s message and screen photograph (A), and screen picture (A’s page 429 pages);

1. Requests for cooperation with each investigation (the investigative records, 656, 732, 745 pages);

1. Application of Acts and subordinate statutes to the chief commissioner (five pages of investigation records);

1. Determination on the assertion of the Defendant and the defense counsel under Article 156 of the Criminal Act and the relevant criminal facts and Article 156 of the Criminal Act

1. The summary of the assertion is that the Defendant was raped at the House B on October 2015, and only did not immediately file a complaint with B.

Therefore, the defendant did not dismiss B.

2. The judgment of this Court is duly adopted by this Court.

참조조문