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(영문) 울산지방법원 2018.03.29 2017고단3602
무고
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Around June 11, 2017, the Defendant submitted a petition to the Yangsan Police Station located in Yangsan-ro 8-ro 4-gil (Seoul: 10 June 10, 2017; hereinafter “C Haak-do Haak-do Haak-si Haak-si Haak-si Haak-si Haak-si Haak-si Haak-si, and stated to the effect that “Da Hak-do ki was punished for having Hak on his own entry in the E bathing beach,” which was investigated as a victim of quasi-rape-rape-rape by police station around 14:19 on the same day.”

However, there was a fact that the Defendant and C got friendly from May 2017 and only two met separately. around 16:00 on June 10, 2017, around E bathing beach, the Defendant kisced one another, and kisced one another, and kisced the Defendant, and actively expressed kiscing, such as kiscing the Defendant, and kiscing the Defendant in F cafeteria located in the wife, and kiscing the Defendant, and kiscing the Defendant into the Defendant’s will, for about 4 hours and 30 minutes, and there was no fact that C forcedly kisced and kisced the Defendant to go against the Defendant’s will.

In order to have C punished criminal punishment, the Defendant made a verbal complaint and a petition with false facts, and made a false accusation.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. The Defendant asserts that he was guilty of CCTV video and card specifications, and that he did not accurately memory due to the lack of a spirit of alcohol at the time, but in various circumstances, C thought at the time that he was forced to capture himself and had no intention to commit a crime and had no intention to commit a crime.

In light of the background leading up to the entry into the instant telecom, the time during which the Defendant and C had been under the influence of alcohol to a certain extent at the time when the Defendant had been under the influence of alcohol in light of the following: (a) the time during which the Defendant had been under the influence of alcohol; (b) the conduct and conversation within the telecom; (c) the content

Even if the judgment ability is lost, C shall be enforced by force.

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