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(영문) 광주지방법원 2019.07.25 2019고단611
무고
Text

A defendant shall be punished by imprisonment for one year.

except that 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

On September 16, 2015, the Defendant, as an entertainment receptionist, had been aware of the victim B as a singing receptionist on or around September 16, 2015, and had sexual intercourse with the victim under agreement with the victim on September 17, 2015.

Nevertheless, on September 21, 2015, the Defendant prepared and submitted a false complaint to the effect that he/she was sexual assaulted by the victim in Gwangju Dong-gu, Gwangju, on September 17, 2015, and on the same day, made a false statement to the police officer belonging to the above center that he/she had been raped after suppressing the resistance due to the Defendant’s failure to engage in sexual intercourse with the Defendant’s hand on his/her body, but the victim forced the Defendant’s shoulder by his/her hand.

In this respect, the defendant committed an act for the purpose of having the victim receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. Each protocol of the police statement related to G (tentative name) and H;

1. The name of the chairperson;

1. Application of investigation reports (to attach video files, such as conversations between victims within a suspect submitted to the suspect), investigation reports (to attach records of transactions of banks submitted by the suspect, to attach records of recording, and change of criminal time, etc.);

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Statutory mitigation (self-confluence) under Articles 157, 153, and 55 (1) 3 of the Criminal Act;

1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, false accusation of the reason for sentencing, the fact that the accused is subject to investigation and causes waste of the function of criminal justice, etc., and that the accused is led to a confession of the offense and his mistake in depth. The agreement with the accused does not want the punishment of the accused, and there is no serious result such as detention, prosecution, etc., that there is no record of punishment for the accused except for one time before and after the sentence of the fine, and that the argument of this case is shown in the argument of this case.

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