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(영문) 광주지방법원 2018.10.11 2017고단4274

무고

Text

The defendant shall be innocent.

Reasons

1. On March 18, 2017, the Defendant became aware of B through the introduction of branch figures, and around March 20, 2017, at around 01:00, the Defendant had sexual intercourse with B in the office located in Gwangju Dong-gu, Gwangju, and around March 14:00, at around March 21, 2017, at the office located in Gwangju Dong-gu, Gwangju, under mutual agreement with B, respectively.

On March 25, 2017, the Defendant exceeded the clothes of the Defendant at G Hospital H located in Gwangju-dong, Gwangju-gu, and even though the facts did not have been sexual assaulted against B, around March 20, 2017, the Defendant exceeded the clothes of the Defendant by force from the above her her mother to sexual assault.

3. 21. At the above office around 21. A. B., when the defendant was in his own possession, he exceeded the clothes of the defendant and committed sexual assault.

A false statement of complaint shall be prepared and submitted to the police officer belonging to the center on the same day.

3. On 20. Around 20. Around the same day, the Defendant refused to engage in sexual intercourse, sealed the Defendant on his chest and shoulder, but he was raped by inserting the Defendant’s sexual organ into the Defendant’s sound book by force.

3. Around 21. 21. Around around 21. B, the Defendant intending to get off his clothes and have sexual assaulted and resisted the Defendant’s body tightly, but B took off his arms to control the Defendant’s resistance and applied his sexual organ into the Defendant’s sound.

A false statement and made a false statement to B for the purpose of having criminal punishment imposed.

2. The burden of proving the facts charged in a criminal trial on the judgment of the facts charged lies in the prosecutor, and the conviction shall be based on evidence with probative value, which makes the judge feel true beyond a reasonable doubt (see, e.g., Supreme Court Decision 2006Do735, Apr. 27, 2006). The requirement that the crime of false accusation is established in a case where the reported facts with the intention of having another person subject to criminal punishment or disciplinary punishment are false facts contrary to objective truth, and thus, the reported facts are contrary to objective facts.