(영문) 대전지방법원 2015.04.24 2014고단4157

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(영문) 대전지방법원 2015.04.24 2014고단4157

무고

Text

The defendant shall be innocent.

Reasons

1. On April 27, 2014, the Defendant filed a complaint with the Daejeon District Public Prosecutor’s Office to the effect that “C was forced to get off clothes from his/her off and sexual assaulted from his/her unmanned telecom outlet located in Geumsan-gun on March 25, 2014” without having been raped by C for the purpose of having criminal punishment imposed upon C on Apr. 27, 2014.

2. The gist of the Defendant’s appeal is that the Defendant was raped from C, and thus, did not constitute a false fact.

3. Determination

(a) Following the fact of recognition is the fact that the statements are consistent with or are recognized by objective data among the persons concerned on the records.

1) On March 25, 2014, the Defendant, along with E, operated a restaurant with the name of “F” in the area of the Geumsan-gun, and actually maintained the relationship between E and his husband. (2) On March 25, 2014, E visited the above restaurant with which C is maintained by the Defendant, and C, together with the Defendant, visited the restaurant where C is going to the outside, and C, along with the beer, went to the outside and provide meals, and was sexual intercourse at the Girter located in the Geumsan-gun.

3) Around 07:00 on March 31, 2014, at the Defendant’s restaurant, C avoided disturbance, such as the shouldering of an anti-opia, and “in the head of the Tong, 100 million won was sticked at the air,” and the Defendant filed a complaint against C as stated in the facts charged on April 29, 2014. (b) In light of the following circumstances, the Defendant attempted to look at the relationship with C after having sexual intercourse under an agreement with C and did not take place after having sexual intercourse. However, it is true that C was required not to have sexual assaulted in order to escape the crisis of the couple’s relationship with C through a public discussion of the relationship with the Defendant. (1) In addition, the Defendant and the head of the household together with C and the head of the household, together with C and the head of the household were sexual intercourse, and sexual intercourse took place.

2. The statement of the defendant.

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