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(영문) 대구지방법원 2013.07.03 2013고정1271
무고
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On November 29, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for perjury for a 10-month period in the Western District Court Branch of the Daegu District Court, and the judgment became final and conclusive on December 7, 2012.

The Defendant, around January 2008, through the Internet site “B” grouped “B” of “B”, had a relationship of internal relations with C from B to January 201.

Around May 13, 2011, the Defendant prepared a false complaint with respect to C, “A, the Defendant, at the seat of the Seogu Seodong-gu Seodong-dong-gu Office of Civil Service,” and the Defendant and C, despite having taken sex-related video images under the agreement, the Defendant and C, using a verification color pen, to “A, the Defendant, who was the Defendant, induced the complainant to have sexual intercourse with his house, sexual assault, and was punished on a cell phone between the delivery of the complaint and the mobile phone.” On the same day, the Defendant submitted the above complaint to the public service center.

On May 15, 2011, the Defendant made a statement to the effect that “The Defendant taken a sexual relation with the complainants at the Daegu Women’s School Violence Support Center located in Seo-gu, Daegu, Seo-gu, Seoul, to the effect that “C, the Defendant, was aware of the gender relation with the complainants,” and that “The Defendant taken a sexual relation with the complainants at the place of residence of the complainants in Seo-gu, Daegu, Seo-gu, Daegu, 2008.” On June 16, 2011, the Defendant made a statement to the effect that “C, the Defendant of the Defendant’s lawsuit, taken a photograph of the head of the sexual relation with the complainants at the place of residence of the complainants in Seo-gu, Seo-gu, Daegu, 2008.”

Accordingly, the defendant filed a false complaint with C for the purpose of having C punished criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. A's accusation;

1. Statement of an accusation case;

1. A copy of the investigation report (295 pages of investigation records) and related records;

1. Previous records of judgment: Application of criminal records, references to criminal records, written judgments (48 pages of investigation records);

1. Relevant Article of the Criminal Act and Article 156 of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 and Article 39 of the Criminal Act dealing with concurrent crimes.

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