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(영문) 서울남부지방법원 2017.05.26 2017고정758
무고
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 14, 2016, the Defendant was male-gu in the form of accusation placed at the public service center of the Seoul Yeongdeungpo-gu police station located in 608 as the National Assembly of Yeongdeungpo-gu Seoul Metropolitan City around December 14, 2016.

B written a written complaint stating that “A request for punishment for sexual assault was made because it was forced from B,” and submitted a written complaint to an employee in the name of the above public service center, and on December 16, 2016, the Yangcheon Police Station’s exclusive investigation team of sexual assault victims located in Dong-dong, Yangcheon-gu, Seoul Special Metropolitan City around 99 stated to the effect that “B, around October 5, 2016, she was placed on the bed, laid off from B’s residence, laid off his/her clothes on the bed and forced, and laid off his/her clothes, and applied for punishment.”

However, in fact, the defendant was sexual intercourse under the agreement with B, and there was no rape between B and the defendant.

Accordingly, the defendant filed a false complaint with B for the purpose of having the criminal punishment imposed upon B.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to the head of a complaint and cancellation thereof;

1. Article 156 of the Criminal Act applicable to the crime and Article 156 of the Selection of Punishment Act;

1. Articles 157, 153, and 55 (1) 6 of the Criminal Act to mitigate confessions;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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