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(영문) 대구지방법원 포항지원 2015.10.08 2015고단495
무고
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, at around 20:30 on March 9, 2015, consulted with C at an alcoholic beverage meeting located at the port of call and drinking alcoholic beverages with C, and agreed upon C on March 10, 2015, at around 02:00 on March 10, 2015, and had sexual intercourse with C in a passenger car, and thus, was not raped by assault and intimidation from C.

Nevertheless, on March 10, 2015, the Defendant male-friendly Gu reported the disappearance of at least 112, and went to the Integrated Support Center for Victims of Sexual Violence (Seoul East Seabow Center) located in the 43 west-ro in lieu of the north-gu at the port on March 12, 2015 through the police officer of the D Zone, and the Defendant was aware of the fact that he had sexual intercourse under the agreement with C, and it was made known to the male-gu, so that he was sexual assaulted on March 10, 2015, the police officer exceeded the Defendant’s 1stmath son and exceeded the Defendant’s crum, including the Defendant’s chief mar, who was raped on March 10, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Application of the first police statement law to the defendant;

1. Article 156 of the Criminal Act and the choice of a fine for the crime, Article 156 of the Criminal Act;

1. Articles 157, 153 and 55 (1) 3 of the Criminal Act for mitigation of confessions;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.

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