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(영문) 수원지방법원 안산지원 2017.08.23 2017고단307
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 29, 2015, the Defendant reported false information about D with the purpose of having D receive criminal punishment at the Office of the Mine Name Police Station of the Gyeonggi Games, and reported D with the intention of having D receive criminal punishment.

The content of the report was "(D) around November 28, 2015, in Felel located in Gangnam-gu Seoul Metropolitan Government E, and thus punished for rape."

On December 3, 2015, the Defendant made a statement to the police officer to the effect that “On November 28, 2015, at Fela, the Defendant, who is in a turball, d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d e

However, in fact D did not have sexual intercourses with the defendant, forced the clothes of the defendant, or had sexual intercourses while suppressing the resistance of the defendant.

Accordingly, the defendant raised D's free will.

Summary of Evidence

1. Each legal statement of witness D and G;

1. Some statements made against the accused in the prosecutor's office or the police examination protocol or the statement of suspect examination;

1. A protocol or statement concerning the examination of suspect in relation to D by the police;

1. Application of statutes for notification of reasons for non-prosecution;

1. Relevant Article 156 of the Criminal Act concerning the facts constituting an offense. Article 156 (Selection of Punishment of Imprisonment);

1. Article 62(1) of the Act on the Suspension of Execution provides that the prosecutor shall bear the burden of proving the facts charged for the guilty of sexual assault, the requirement that the reported facts are false against objective facts, and that the reported facts are false and false, only with the passive proof that the truth of the reported facts cannot be recognized.

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