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(영문) 전주지방법원 2018.09.06 2018고단993
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 8, 2018, the defendant submitted a written complaint to the Kim Jong-gu Police Station located in 213 at the center of Kim Jong-si.

The complaint statement "C was sexual intercourse on January 3, 2018 by threatening the defendant to die from the unsatisfuring her to the unsatisfel."

“On February 8, 2018, the Defendant undergoes an investigator’s investigation at a female juvenile in the Kim Jong-gu Police Station and a statement recording room on February 8, 2018, and, on January 3, 2018, the Defendant forced Defendant to wear Defendant C on his truck, and forced him to go into the mutual influence in the trade name in the Kim Jong-si’s seat, and forced him to take the Defendant’s hand, cut off his clothes, and forced him to do so.

“The statement was made to the effect that it was “.”

However, in fact, the Defendant contacted C on January 3, 2018, and met C at Kim Jong-dong, Kim Jong-si on the same day, and entered the heading office of 305 "Eless Telecom" in Kim Jong-si D without assault or intimidation.

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

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made to A by the police;

1. Complaint;

1. Application of telephone details data, text messages, CCTV images, and each photographic statute;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. The assertion and judgment of the defendant under Article 62-2 of the Criminal Act of the community service order

1. The summary of the assertion is consistent with the Defendant’s sexual intercourse (hereinafter “instant sexual intercourse”) at the time, time, and place on which the facts constituting the crime are stated in C, but this is forced by C, and thus, the Defendant did not have filed a false complaint.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court, the Defendant’s complaint of this case constitutes an accusation.

(a) C shall be in the F market.

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