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(영문) 대전지방법원 2013.10.02 2013고단1597
무고
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On December 7, 2012, the Defendant: (a) prepared a letter of complaint stating that “A, the Defendant, who was the Defendant, tried to engage in sexual intercourse with the Defendant, who had lost the spirit of drinking after completing his/her meeting on November 12, 2012, was sexual intercourse with the Defendant, with the Defendant, at the public service center of the Daejeon Police Station, that was located in the area of 733, as of the Seo-gu Seod field, Seo-gu, Daejeon, Daejeon, the Defendant submitted the above letter of complaint to the police officer who could not know the name of the public service center on the same day.”

Then, on January 11, 2013, the Defendant made a statement to the effect that C quasi-rapeed the Defendant by stating that “A was at the sobrithic spirit during the process of undergoing an investigation of breathic nature, but C added a sexual organ to C” was quasi-rapeed.

However, in fact, the defendant, together with C, was sexual intercourse under the agreement with C, and there was no fact that C had sexual intercourse with the defendant who had lost mind under the influence of alcohol at the time of his/her own vehicle and was unable to resist.

As a result, the defendant was arrested for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Each legal statement of witness C and D;

1. Results of the verification of CDs in this Act;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Protocol concerning the examination of suspect C by the prosecution;

1. Statement of the prosecutorial statement of the accused;

1. Protocol concerning the examination of each police suspect C;

1. Statement of the police statement of the defendant;

1. Written statements of D;

1. Complaint;

1. A criminal investigation report (to attach CCTV CDs in the principal school);

1. The details of currency (D);

1. Investigation report (in cases of attaching a copy of the relevant case records, investigation report (the Eline for Witnesses);

1. The defendant and his/her defense counsel in determining the claim of the defendant and his/her defense counsel, the defendant and his/her defense counsel, and the defendant did not have any fact of inciting C, and the defendant is merely a victim of a sex offense by C.

This Court is legitimate.

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