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(영문) 서울동부지방법원 2016.05.11 2015고정1490
무고
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 6, 2014, the Defendant drafted a written complaint against the above E at the law firm B office located in Seocho-gu Seoul, Seocho-gu, Seoul, for the purpose of having E receive criminal punishment.

The written complaint states that "The defendant Eul, a plaintiff, taken the defendant's sexual intercourse head with smartphones without the defendant's consent during the period from July 201 to October 1, 2013 from the defendant's retirement, and punished for violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use photographing, such as camera, etc.)." However, the above fact that the defendant's sexual intercourse head was taken with the defendant's consent, and the defendant did not have taken the sexual relation head against the defendant's will.

Nevertheless, around March 6, 2014, the defendant submitted the above complaint to the police officer in charge who is not aware of his name at the public service center of the Song-gu Seoul Police Station, and brought the above complaint to E.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution against the defendant;

1. Investigation report (report, such as restoration of sex-related photographs of a complainant);

1. The complaint letter [the defendant's assertion that the defendant does not have any intention to commit a crime in a sexually related video recorded without the defendant's consent, i.e., the following circumstances acknowledged by the evidence, i.e., the defendant's consent at all times, and the screen pictures taken up until the time when the defendant and the defendant hedged all of them:

The statement, ② the Defendant was aware of the fact that there was a screen picture that was taken and deleted with his consent, ③ Nevertheless, the Defendant did not disclose such circumstances that he had taken, consented to, or had agreed to, a sexually related motion picture in an investigative agency without disclosing it.

statement;

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