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(영문) 서울중앙지방법원 2013.10.17 2013고단3934
무고
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On February 13, 2013, the Defendant filed a complaint with the civil petition office of the Dongjak-gu Seoul Metropolitan Police Station, Dongjak-gu Seoul Metropolitan Government, to the effect that “C was raped on January 1, 2010 and continued to be raped until September 5, 2012,” for the purpose of having C receive criminal punishment.

However, the fact was that the defendant had a sexual intercourse with C while having a sexual intercourse several times under the agreement, and that the defendant's husband was aware of a badial relationship with C, and that the defendant's husband was accused of having sexual intercourse with C, which led to rape with C to this end.

Accordingly, the Defendant submitted a complaint stating false facts to the police officer who could not know the above name, and brought C a false accusation.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Determination as to major issues of each investigation report and attached data (Evidence List 9, 10, 17 through 21, 26 to 30)

1. On January 2010, C had been raped by the Defendant and his defense counsel during the period from September 5, 2012.

The contents of the defendant's complaint are consistent with facts.

The defendant is not guilty.

2. Determination:

A. According to the aforementioned macroscopic evidence, the fact that the Defendant and C have continuously brought about sexual intercourse from January 2010 to September 5, 2012 is recognized.

The key issue is whether or not the above sexual relationship was made under the agreement on rape.

B. The following circumstances acknowledged by macroscopic evidence before and after the scopic relationship, namely, the Defendant and C, together with a motor vehicle drum or eating at an adjacent restaurant of the Moel with sexual intercourse, cannot be deemed as having ordinary circumstances between rape and the victim. In light of light light, the Defendant sent C a letter using a mpopic pen that can only be identified in light of the form of light light.

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