beta
Text
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On September 22, 2015, when the husband of the defendant came to know of the above relationship with C, the defendant made a false complaint against C with respect to a false statement in a Buddhist area with the Jinnam-gun (Seoul) around 17 years, and the husband of the defendant knew of the above relationship.
The written complaint states that “The defendant C has been punished for intimidation and rapion over 26 times from January 2015 to May 2015, and thus has changed.”
However, in fact C did not commit rape after having reached an agreement with the person who was in internal relations with the defendant.
In this regard, on September 24, 2015, the defendant submitted a written complaint to the public service offices at the branch offices of the public service offices of the Changwon District Public Prosecutor's Office, which are located in Dong-si, Young-si.
As a result, the defendant made a false accusation for the purpose of having C receive criminal punishment.
Summary of Evidence
1. Partial statement of the defendant;
1. The legal statement of the witness C;
1. Each prosecutor's statement protocol against E, C, and the defendant;
1. Each police statement made to F, G, H, and I;
1. Each statement;
1. A complaint;
1. In full view of each of the above evidence as to each of the Defendant and the defense counsel’s arguments, it is unclear whether C had a sexual relationship with the Defendant by exercising coercive force when the Defendant and C first concluded a relationship in around 1998.
However, even from January 2015 to May 2015, at least 17 years ago, the Defendant and C continued to engage in a large number of sexual intercourses with each other. It is difficult to view that C continued rapes with the Defendant.
Rather, according to each of the above evidence, the Defendant and C continued a sexual intercourse with each other while maintaining an internal relationship for not less than 15 years, and even around 2015, it is only possible to confirm the fact that C was raped by the Defendant and C committed rape in order to escape the divorce litigation.
On the other hand, the arbitration agreement.