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(영문) 인천지방법원 부천지원 2018.02.12 2017고단2832
무고등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, in violation of the Act on the Regulation of Customs Business, is a person who works as an entertainment receptionist at D main points in Bupyeong-si, Busan.

On August 4, 2017, around 06:50, the Defendant committed obscene acts, such as obsesing the E’s sexual organ, which had been a guest from the 8th room of the said D week, and violated the rules of good customs and business office.

2. On August 7, 2017, the Defendant: “E at D main points located in Seocheon-si C around August 4, 2017, the Defendant: (a) prevented the Defendant from putting the Defendant’s neck in his arms in singing with his singular arms; (b) sing the Defendant’s head, knife the Defendant’s head, knife the Defendant’s head, knife the Defendant’s face toward the E’s sex and throw the Defendant’s head, and then, (c) throw the Defendant’s head, and then, (d) throw the Defendant’s head, and (e) throw the Defendant’s face into the e’s sex.

Intimidation and as soon as possible, forced indecent acts and similar rapes were committed.

“The accusation statement to the effect that “” was prepared, sent by mail to the Seocheon-si Police Station, and on August 11, 2017, at the Seocheon-si Police Station’s juvenile juvenile and the F Team office located on the Chocheon-si’s Chocheon-si’s Chocheon-si’s Chocheon-si’s Chocheon-si’s Cho-si, stating the same false facts to the police officer G who is investigating the case, such as forced indecent act against E, but the facts were merely similar with the E’s consent to the proposal as described in the foregoing paragraph 1, and there was no fact that the Defendant was forced indecent act or similar rape from E.

In this respect, the defendant made a false accusation against E for the purpose of criminal punishment.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the prosecution and the police for the accused;

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

1. The written statement of the defendant;

1. A transcript of the complaint;

1. The application of Acts and subordinate statutes to report on investigation (suspect I telephone statement hearing report);

1. Article 10(2) and Article 3 subparag. 2 of the Act on the Regulation of Preliminary Customs Business (obscenity of a business establishment) against criminal facts, Article 156 of the Criminal Act, and Article 156 of the Criminal Act, and Article 10 subparag. 2 of the Act on the Regulation of Preliminary Customs Business.

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