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(영문) 대구지방법원 2013.07.11 2012고단6277
무고
Text

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

Reasons

Punishment of the crime

On October 4, 2011, the Defendant: (a) prepared a false complaint against D with the intent of having D take criminal punishment by using a black pen in the statement recording room at the Sinsan-dong 503 Sinsan-dong Police Station; and (b) made a false statement by supplementing it.

At around 01:00 on September 29, 201, the Defendant stated that D had been raped from D on September 29, 201. However, in light of the mobile phone calls between the Defendant and D (the fact that the Defendant sent four-time text messages to G that operates a F restaurant on September 27, 2012, and sent D text messages on September 11:12, 201) the Defendant appears to have been on September 28, 201. At the residence of the complainant E-gu, Busan E-gu, Busan, and 305, the complainant had sexual intercourse with the complainant on the front door and at the place of the complainant on September 29, 201, the Defendant and D’s mobile phone calls (the fact that the Defendant sent text messages to G that operates the F restaurant on September 27, 2012, and that D sent text messages to D on September 28, 2011).

However, in fact, the defendant and D together enter the house of the defendant under the agreement after drinking alcohol, and D did not commit rape by suppressing the resistance of the defendant.

Nevertheless, the defendant submitted a written complaint to the assistant H belonging to the Gyeongsan Police Station on the same day, and made a false statement about the damage, and rejected D.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A copy of the police statement;

1. A copy of the investigation report (related to the Fcafeteria's statement);

1. Copy of the complaint;

1. The details of sending a mobile phone used by A, the details of sending a DNA mobile phone, and the application of statutes governing A's mobile phone calls;

1. Determination as to the assertion of the accused and his defense counsel under Article 156 of the Criminal Act and Article 156 of the Criminal Act relating to the pertinent criminal facts

1. The Defendant’s summary of the argument is true that he was raped from D, and thus, it does not go against D.

2. The following facts and circumstances acknowledged by each evidence of the ruling, i.e. (1).

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