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(영문) 광주지방법원 2017.11.21 2017노2409
무고
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

However, from the date this judgment becomes final and conclusive, each.

Reasons

1. Summary of grounds for appeal;

A. Defendant A was actually raped by B

On the other hand, Defendant B asserts that there is no perjury as much as there is no hostile relation with A, even once with A.

B. The Defendants asserts that the punishment of the lower court (six months of imprisonment with prison labor) is too unreasonable because it is too unreasonable for the Defendants.

2. Determination

A. As duly admitted by the lower court, the Defendants received repeatedly a text message to the effect that they love each other, Defendant B accompanied Defendant A’s pregnancy surgery to act as a guardian, Defendant A gave the pregnant fetus the name of “L” to Defendant A, and the Defendants prepared the document “L” with the content of “L” as well as the name of L as seen earlier. In light of the following, the lower court’s determination that the Defendants had sexual intercourse upon agreement is just and acceptable.

Therefore, the Defendants’ assertion of factual mistake is rejected.

B. In the process of having repeatedly undergone the judicial function of the State through criminal complaints and lawsuits for a long time, Defendant A was raped by Defendant B. In light of the fact that there is a false criminal complaint against sex crimes, not only the nature of the crime is not good, but also the considerable mental suffering is deemed to have been inflicted on Defendant B. Defendant B, even though it is obvious that he/she has sexual intercourse with the agreement, may not be deemed to be a crime by denying the sex act itself even though it is obvious that he/she has sexual intercourse.

However, despite Defendant A’s non-guilty accusation, Defendant B was not prosecuted, and Defendant B’s perjury was not directly related to the facts of the crime.

On the other hand, the Defendants agreed to the first time in the trial and decided to settle all disputes.

In addition, the age, sex, environment, and crime of the Defendants are committed.

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