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(영문) 춘천지방법원 원주지원 2017.02.07 2016고단800
무고
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant: (a) was a female who had obtained the nationality of the Republic of Korea around December 25, 2013 from Cambodia; (b) was in contact with Cambodia’s nationality C on or around November 2015; (c) was in contact with the Defendant on or around January 13, 2016; (d) was going to leave the Republic of Korea on or around January 20, 2016; and (c) was in contact with Cambodia’s nationality C, which was known to the Defendant on or around December 25, 2015; and (d) was in contact with the said C on or around January 20, 2016; and (e) was in contact with the said C on or around his or her home to file a false report on the charge of rape.

around 15:40 on February 11, 2016, the Defendant: (a) was raped twice at the original police station’s juvenile, and at the video recording room for female juvenile investigation team, the security of the Gangwon Regional Police Agency and the slope E affiliated with D, located in the Gangwon-si Police Agency and the Defendant “C was raped twice from the front city bus terminal located in the front city level around 13:00 on December 12, 2015; (b) was raped twice at the same place on January 18, 2016 at the same time on January 13:00; and (c) from around 13:0 on January 20, 2016 to around 13:00.

1. From around 16:00, up to 26.16.16:00, a false report was made to the effect that “A was punished due to rape, because C was not out of the lodging place of Pyeongtaek-gun F, and was committed more than five to six times a day.”

However, in fact C did not rape the defendant since he had sexual intercourse under the agreement with the defendant.

As a result, the defendant made a false accusation for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of G to the prosecution;

1. Each police statement made against the defendant or C;

1. Application of Acts and subordinate statutes concerning family relation certificates, basic certificates, and marriage-related certificates;

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to mitigate confessions;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] Article 62(1) of the Act on the Suspension of Execution [The grounds for sentencing [the scope of the recommended sentence] Article 62(1) of the Act on the Punishment, Self-denunciation and Confession [the person who has been specially mitigated] [the person who has been sentenced to imprisonment for six months], and the defendant for two years of suspended sentence who has sexual intercourses with

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