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(영문) 대구지방법원 영덕지원 2015.10.14 2015고단166
무고
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

Around March 7, 2015, the Defendant drafted a complaint with the content that “A defendant C has sexual assaulted twice in the form of the complaint,” using a luxial pen in the form of the complaint, to the effect that “A defendant C was punished for sexual assaulting twice.”

On March 8, 2015, the Defendant stated at the Integrated Support Center for the Victims of Sexual Violence in Daegu, which stated to the effect that “In the event that Defendant was forced to take the face of the Defendant within the vehicle while Defendant was able to take a knife, knife his knife his knife his knife, and knife his knife his knife by force, and forced sexual intercourse, and forced sexual assault by force.” On February 23, 2015, the Defendant requested C’s sexual intercourse to correct the knife knife, without complying with the request, the Defendant’s sexual intercourse would have knife knife knife knife knife knife knife knife knife knife knife knife knife.”

However, the facts are that the defendant and C have sexual intercourse under mutual agreement, but C did not have sexual assaulted the defendant.

Nevertheless, on March 13, 2015, the defendant submitted the above complaint to the police officer who is unable to know his name, through a proxy in the name-free statement of the defendant.

As a result, the defendant was arrested for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement made to C and A (Defendants) of each prosecutor's office;

1. Protocol concerning suspect interrogation of C;

1. Statement A made to the police statement;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports (including photographs attached thereto), investigation reports (including accompanying documents for suspect documents), investigation reports (including accompanying documents);

1. Criminal facts;

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