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(영문) 서울동부지방법원 2017.07.06 2016고단3542

무고

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 31, 2016, the Defendant filed a false report with the Seoul Mine Police Station located in Gwangjin-gu Seoul Special Metropolitan City, Gwangjin-gu, to the effect that B was raped with the purpose of having the criminal punishment imposed upon him/her, and on June 2, 2016, the Defendant appeared at the Integrated Support Center for the Victims of Seoul Seoul located in Songpa-gu Seoul, Songpa-gu, Seoul, at around 23:00, to prevent the Defendant from leaving the door so that he/she could not leave the door out of the dwelling in the Seoul, Gwangjin-gu E-gu, Seoul, Seoul, the Defendant Dondong Police Station from leaving the door so that he/she could dump and fright off the Defendant’s clothes, and forced the Defendant’s clothes, and forced the Defendant’s clothes, and on May 24, 2016 and May 24, 2016.

5. Around 26, a written victim’s statement was prepared to the effect that the Defendant was raped twice.

However, in fact, even though the defendant and Eul were only sexual intercourses several times under mutual agreement in the above B's residence, and they did not have rape after assaulting the defendant and suppressing his resistance, they were discovered that the defendant's husband was sexual intercourses with the above B, and that the defendant's husband was sexual intercourses with the above B. In order to avoid this, the defendant and Eul filed a complaint for rapes.

Accordingly, the Defendant filed a false report with B for the purpose of having a criminal punishment imposed upon B, and made a false statement to police officers slope G belonging to the Seoul National Police Agency integrated support center for victims of Seoul National Police Agency, and made a false statement to B.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the suspect B of the police;

1. Statement made by the police with H;

1. Defendant A currency content and B currency content

1. Recording notes of the Seoul Integrated Support Center;

1. Application of the Acts and subordinate statutes of a request for appraisal or reply to appraisal;

1. Article 156 of the Criminal Act applicable to the facts constituting an offense and Article 156 of the choice of punishment;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act mitigated by law;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: false facts of the defendant.