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(영문) 수원지방법원 안산지원 2012.09.21 2011고단3620
무고
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant, around 18:30 on July 23, 201, 201, was a horse race track located in Da in light-si Ma, and was at the first time with E (55 years of age).

The Defendant, after having sexual intercourse with E, asked E to receive money, but he did not comply with it, filed a false complaint against E with the suspicion of rape, and received the agreed money.

On July 23, 2011, the Defendant reported 112 criminal acts to the effect that “E was subject to sexual assault from Gamoto E in Ma in Made-si F,” and stated to the effect that “E was subject to punishment for rape, because E was forced to commit sexual assault,” around July 24, 2011.

However, there is no fact that the defendant has sexual intercourse and has been raped under the agreement with E.

Accordingly, the defendant made a false report to E for the purpose of having the criminal punishment imposed upon E, and made a false report to E.

Summary of Evidence

1. Each legal statement of witness E and H;

1. First written examination of the accused by the prosecution;

1. Copies of the suspect examination protocol of prosecution E;

1. Application of each police written statement to the defendant and each law

1. Article 156 of the Criminal Act applicable to the crimes and Article 156 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act provides that no specific criminal record exists except once the defendant has been sentenced to a suspended sentence of imprisonment for larceny in around 20

1. Reasons for conviction under Article 62-2 of the Criminal Act of the community service order;

1. The alleged defendant filed a complaint against E due to rape as described in the facts charged, and thus does not constitute a crime of false accusation.

2. In light of the following circumstances acknowledged by the evidence revealed earlier, the Defendant was not raped from E, but merely in a sexual intercourse under the agreement, and the Defendant suspended sexual intercourses and received the agreed amount from E on its own by borrowing the money that E would have paid for the sexual intercourse.

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