Residential Suwon City

Reference domicile Cheongbuk-gu

Attorney Park So-young in charge

except that the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

On February 11, 2013: (a) around 40, the Defendant reported to the head of Suwon-gu Police Station OO district located in Suwon-gu, Suwon-gu, Suwon-gu, Suwon-si, to have raped from ○, and (b) around 13:54 on February 12, 2013, the Defendant made a statement to ○○, who works in the Gannam-gu, Suwon-gu, Suwon-gu, Suwon-gu, Suwon-gu, Seoul Special Metropolitan City, stating the above contents, and submitted a written complaint to ○.

The contents of the above report, statement and complaint are under the influence of coercion in the telecom located near the bathing beach site on February 1, 2013. The time is the case where she was forced to drink and forced to be placed in the bend and exceeded the clothes by putting in the bend during the period between 1 to 2:0 p.m. the new wall 1 to 3 p.m., and the Defendant was under the influence of the Prosecutor, while he was under the influence of the Prosecutor, he would not be said to have this day if he was not under the influence of the f.m.

However, on February 1, 2013, the Defendant was raped only when he was sexual intercourse with the child in the her motherel located in the Gangseo-sidong of Gangseo-si, and was not sexual intercourse.

Nevertheless, the Defendant filed a false complaint with the aim of having the relics receive criminal punishment as above, and the Defendant did not file a revised complaint with the head of Si/Gun/Gu.

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 156 of the Criminal Code, Selection of Imprisonment

1. Suspension of execution;

Article 62(1) of the Criminal Act

Grounds for conviction

In full view of the facts and circumstances described in the above evidence, the defendant's statement to the effect that ○○ was forced to have sexual intercourse with himself on February 1, 2013, which is acknowledged as a whole, is credibility. Nevertheless, the defendant seems to have filed a complaint of this case against objective facts. In addition, in light of the circumstances such as the defendant's clearly stating that "influence is forced to force by suppressing his resistance," as to the meaning of "influence of sexual intercourse", the defendant's intention is also acknowledged as it clearly recognizes that the facts of this case were false and accused.

1) On February 11, 2013, the day when the Defendant filed a complaint against ○○ to commit the crime of rape, the Defendant’s speech △△△△△△△△, which repeatedly led to fear and apprehensions by cell phoness of the relevant suit. The Defendant’s reputation by openly pointing out false facts, thereby impairing the Defendant’s reputation, and assaulting ○○.

On October 29, 2013, the judgment became final and conclusive because it was sentenced to a fine of 1.5 million won on October 29, 2013, on the grounds of the criminal facts that the Defendant committed the crime of defamation. The criminal facts of defamation clearly stated that “the fact was forced to have sexual intercourse with ... even though she was forced to have sexual intercourse with .....” It is called “the fact was sexual intercourse with .... It was publicly false.” In view of the fact that the Defendant was sexual intercourse before and after the time of the instant complaint as the Defendant’s child, it is difficult to obtain a close dialogue with the Defendant. In view of the fact that the Defendant, one’s relative, was rape, the Defendant did not object to the said judgment if he was rape.

2) On December 3, 2013, at the original prosecutor's office in the Chuncheon District Public Prosecutor's Office, an interview was conducted between the accused who had been raped at the time, and the accused who had been raped, and the accused who had been the identity of the accused. At the two times, the circumstances where the two statements completely conflicting with each other have been confirmed, the investigation began at 14:0 on the same day, and 18:00 on the same day, and the inspection of the protocol was completed at 18:20 on the same day. However, the written withdrawal of the complaint under the name of the accused submitted on the same day stated that "I will receive death from the suspect after being killed, and withdraw the complaint," and that "I do not receive consolation money from the accused on the day of the questioning, and it is difficult to view that I received consolation money from the accused on the same day without having been raped, in light of the content and circumstances of the above investigation, and it is difficult to view that I received consolation money from the accused on the same day.

It would be against the rule of experience that only the word “A” or “A” submitted a written withdrawal of a complaint and brought about a close conflict between them. Rather, it would go against the rule of experience as to the fact that the gas belongs to the son and son, and that the gas did not take adequate protective measures after the traffic accident.

It is natural to view that the defendant, who was obtained due to a lack of sufficient apology from him, received the apology from the order of his mind and received the appraisal on that point, and submitted a letter of withdrawal of complaint.

3) At the time of the occurrence of a traffic accident, he/she appears to have concealed and asked the Defendant to commit this fact. If he/she had raped the Defendant, he/she is in accord with the rule of experience to regard that he/she had sought a letter of intent to the Defendant for rape which is more erroneous than hiding the fact that he/she was son or her, but the circumstances in this case do not appear.

4) Before and after the occurrence of the instant case, with respect to the vehicles booms, voice files, and recording records in which conversations between the Defendant and the U.S. are recorded, the Defendant heard the above voice files at an investigative agency and repeatedly stated that his voice is in accord with the above voice. In addition, the Defendant stated that the above voice files are heard by the investigative agency.

Inasmuch as a statement was made to the effect that a conversation was made as such or that a part of a conversation unfavorable to a baby was deleted, the fact that a conversation was made between the Defendant and the child was made in the same way as the above voice file itself is apparent. However, in light of the above dialogue, particularly the circumstances where a conversation was made on the vehicle coming from the telecom, which led from the telecom to the telecom, and the situation where a sexual intercourse was forced by suppressing the Defendant’s resistance, does not appear at all, but rather, the circumstances where the Defendant had a sexual relationship with the Defendant’s sexual intercourse with the Defendant, while having the head of the Seodae-kung and having the head of the Sinung.

Reasons for sentencing

1. Scope of the recommended sentences according to the sentencing criteria;

[Scope of Recommendation Form]

Type 1 (General Dismissal) Basic Area (from 6 months to 2 years)

【Special Convicted Persons】

None

2. Determination of sentence: One year of imprisonment and three years of suspended sentence;

Since the crime of false accusation has a dual character of protecting individuals' interests as well as the appropriate exercise of the State's functions of adjudication or criminal or disciplinary power, the crime of false accusation is also reported to the other person for the purpose of having the criminal punishment. In this case, the statutory punishment for rape in question against the relevant criminal who filed a complaint with the relevant defendant in this case is a serious crime that constitutes a three-year limited term under this Act. The facts of the defendant's complaint are highly likely to undermine the State's functions of adjudication and the appropriateness of penal justice, and the nature of the crime in this case is very poor. Accordingly, the crime in this case appears to have suffered from mental suffering due to the rape suspect who was subject to investigation for about 10 months.

On the other hand, without notifying that he is his father and son, he has an unmarried sexual relationship with the defendant. When the defendant was hospitalized due to a traffic accident and became aware that he was frighten, he seems to have caused a large sense of decentralization and decentralization and the complaint of this case. In addition, it seems that the defendant caused the complaint of this case, and that there is some motive for considering what extent the defendant caused the complaint of this case, and that he provided considerable motive for the complaint of this case. Furthermore, the defendant did not prosecute by cancelling the complaint of rape against the baby and rendering a disposition that the prosecutor did not have the right to prosecute the facts of rape, so it is judged that the defendant actually did not have a serious degree of impairing the State's function of trial and the appropriateness of the criminal justice.

In such circumstances, the Defendant has no record of being sentenced to a fine or heavier punishment, and Article 51 of the Criminal Act, such as the age, character and conduct, environment, etc. of the Defendant as shown in the records and arguments of this case.

The sentence shall be determined in the same manner as the order, taking into account the conditions for the sentencing specified.