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(영문) 수원지방법원 2018.04.06 2017고단8590
무고
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

around 20:00 on October 12, 2017, the Defendant was raped with the Defendant’s cell phone on the front of the Celury in Suwon-si B and the Defendant’s cell phone located in Suwon-si B.

It was directed to the four names.

The report of 112 was made with the police officers dispatched, and they moved to the E District of Suwon-si Police Station E District in Suwon-gu, Suwon-si, and was raped by F and G on October 4, 2017, and was raped by F and their relatives (H) at October 20, 2017, and was raped by G and their relatives (I) on October 2, 2017.

“Preparation of a written statement” has been written.

However, in fact, the defendant was naturally sexual intercourse with the above F and did not have been raped from F.

Accordingly, the Defendant reported false facts to public officials for the purpose of having F, G, H, and I receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the F and G part concerning the examination of the accused);

1. A protocol concerning the examination of each police suspect against H and I;

1. Statement made by the police to J;

1. A written statement;

1. Voluntary accompanying report;

1. The criminal place;

1. Printed materials on the mobile phone text of the recipient F and A;

1. Printed materials on the mobile phone text of the recipient G and A;

1. Contents of the mobile phone text with A submitted to the victim himself/herself H;

1. Application of Acts and subordinate statutes to a criminal investigation report (the analysis of recorded files submitted by suspect F and G);

1. Article 156 of the Criminal Act and the selection of fines concerning facts constituting an offense;

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 (the Defendant was in a mental and physical state due to depression at the time of committing the instant crime.

Therefore, according to the records, it is presumed that the defendant was suffering from the depression at the time of the crime, but it seems that the defendant's ability to discern things or make decisions has been weak.

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