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(영문) 서울중앙지방법원 2018.08.14 2017고단7117
무고
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged in the instant case is that the Defendant was in the relationship between B and B.

On March 11, 2017, at around 01:0, the Defendant asserted that he did not frequent contact with each other in the residential area of the Dongjak-gu Seoul Metropolitan Government C and the fifth floor Defendant, and that he did so, the Defendant and the Defendant did so. On the same day, the Defendant settled the dispute over the dispute at around 03:00 to 04:00, and took a natural relation, and locked together.

After that, first, the defendant, who was the victim, was assaulted by B around 09:43 on the same day and was investigated by the Seoul Dongjak Police Station as the victim's qualification.

On March 22, 2017, the Defendant submitted a written complaint to the police officer in charge of the Dongjak-gu Seoul Police Station to the effect that “Around March 11, 2017, at around 03:00 to 04:00, the Defendant assaulted and forced the Defendant (B) to sexual intercourse at the Defendant’s residence of the Dongjak-gu Seoul Metropolitan Government C and the fifth floor complainant, and made a statement to the same effect.”

However, the defendant applied to the fighting match with B in his body, and applied to each other, and had sparly done sparingly and naturally, and did not have been raped with B.

In this respect, the defendant had not been punished against B for the purpose of having B receive criminal punishment.

2. Determination

A. In light of the following circumstances acknowledged by the evidence adopted and examined by the court, the instant facts charged were proven without reasonable doubt.

It is difficult to see it.

1) Defendant’s assertion (1) The Defendant’s assertion on the development of the instant case’s assertion (A) was discussed in B and text messages from March 10, 2017, which was the day before there was a sex relationship as indicated in the instant facts charged (hereinafter “instant sex relationship”). Around 23:30 of the same day, Defendant’s will to fake B, which was the Defendant’s home, is the same.

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