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(영문) 서울중앙지방법원 2014.08.29 2014노1599
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the defendant was that the defendant first entered the Mana Intoxicel on the day of the instant case, and the defendant was aware of his sexual intercourse with him in diving, and the defendant thought that sexual intercourse with C was "Rape" against his own will and thus, the defendant was accused of the instant complaint. Thus, the defendant did not report false facts and did not intend to make a false accusation.

2. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the lower court found the Defendant guilty of committing rape after having sexual intercourse with C under an agreement with C. Thus, the lower court did not err by misapprehending the legal doctrine as otherwise alleged in the Defendant.

① The Defendant became aware of F’s previous male arrest victim C through F of F’s friendly job offering F, and had a conversation with the victim Kakakao Stockholm was first made in Busan at the day immediately preceding the instant case.

② The Defendant was living in Busan, before and after the Burber Day, and the victim living in Daejeon was living in Busan. On May 8, 2013, the Defendant went to Busan for the training of the reserve forces scheduled to live in Busan.

③ 피고인과 피해자는 2013. 5. 7. 11:30 부산 남포동에서 처음 만나 1차로 바에서 칵테일을 마셨고, 2차로 호프집에서 생맥주와 소주를 나누어 마셨으며, 3차로 노래방을 가게 되었다.

④ After that, the Defendant and the victim moved from the taxi to the Eeldo, and purchased beverages containing alcohol at the convenience store in front of the Moel before entering the Moel.

⑤ The Defendant and the victim got out of the telecom with sexual intercourse at the telecom and got out of the telecom.

(6) The victim shall hold a training room on the following day.

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