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(영문) 대구지방법원 2014.05.23 2013노2974
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that C had a sexual intercourse with the Defendant on April 9, 2012, and thus, even though the charge that the Defendant filed for rape with C was not a false complaint, the lower court found the Defendant guilty of the facts charged in the instant case by misunderstanding the facts, even though it was not a false complaint.

2. In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and examined by the court below, it can be recognized that the Defendant filed a false complaint by committing rape after having sexual intercourse with C under an agreement with C. Thus, the lower court found the Defendant guilty of the facts charged of this case, and there was no error of misconception of facts as alleged by the Defendant.

C The Defendant promised to play in one’s own room through one’s own room and the Internet, put the Defendant into divings from one’s own room to one’s clothes, and came to have sexual intercourses under the agreement with the Defendant, and made a consistent and concrete statement from the investigation agency to the court of the trial.

B. On the other hand, it is difficult to believe that the Defendant’s statement that C raped himself is not consistent as follows, and it is difficult to understand it in light of the empirical rule.

1. The Defendant stated at an investigative agency that C was forced to be exempted from, and raped by, his/her T and Cheongbane, but thereafter, reversed C’s statement that he/she was forced to go off from the studio of C, but he/she was exempted from all the clothes on the new wall. On April 8, 2012, C asked C to seek counseling on the issue of male-friendly G at his/her own house and received counseling, but on March 2012, C’s statement that he/she was promised to go back to the studio of Daegu.

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