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(영문) 울산지방법원 2018.04.10 2018고단34

무고

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On August 31, 2017, the Defendant stated to the effect that, at a convenience store located in Ulsan-gu, Ulsan-gu C around 02:22, at around 02:112, the employees E were asked to report, and that, at the above convenience store, the Defendant was raped while leaving the said G in the same item as a deadly weapon, as G with the G of the F District affiliated with the G G of the F District dispatched to the said convenience store, and that he was punished.

9.4. Around 19:04, the Ulsan Sea Center stated to the effect that the investigator first was investigated as the victim of the suspected violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special rape) by the investigator I, and “the victim of the suspected sexual crime citing excessive same to H loss”.

However, on August 31, 2017, the Defendant, at around 01:20, placed the vehicle in response to the demand of H to the Defendant, who is under the influence of alcohol on the front side of JJ Station C, to get off the vehicle. On the same day, the Defendant, from around 01:31 to 02:06 of the same day, she her kisck and then she “I wish to get off.”

The term “I” was asked as “I,” “I am, I am,” “I am,” and “I am,” and “I am in a sexual intercourse with the agreement.”

Nevertheless, for the purpose of having H receive criminal punishment, the Defendant reported the above false facts, and made a statement of the damaged facts, and made a false accusation.

Summary of Evidence

1. The part of the Defendant’s legal statement (a lack of the part of the Defendant’s statement to the effect that “the Defendant was raped with excessive things” at the Ulsan Sea Center)

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Each police statement protocol on L/ E;

1. A report on the occurrence of a crime or stenographic records;

1. Each internal investigation report (including supplementary data), each investigation report (including supplementary data) legislation shall apply;

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 157, 153, and 55(1)3 of the Criminal Act to mitigate confessions (the Defendant is merely the intent of denying the facts at the Ulsan Sea Center among the contents of the act without accusation and part of the assessment thereof, and commits one’s own act without fault.