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(영문) 부산지방법원 2018.04.16 2017고단6438
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

[Reference Facts] The Defendant came to know through the online game called “D” at the end of July 2017 with C, and came to have a sense of view by dividing conversationss about sexual obsation, etc. through the above game hosting or Kakakao Stockholm. On August 27, 2017, the Defendant first committed similar acts around August 27, 2017, and promised to go to the Mosel as of September 2, 2017.

[2] On September 2, 2017, the Defendant reported on September 2, 2017, 112, stating that “the Defendant was able to be raped in the telecom,” in front of “Fel” located in Busan Dong-gu, Busan.

On September 2, 2017, around 23:00 on the same day, at the Busan East Sea Center located in 359, as the monthly World Cup in Busan East-gu, Busan Metropolitan City, and stated to the effect that C was punished for indecent acts, such as coercion’s own key in his/her own key and hand, around 18:00 on September 2, 2017. The same day, at around 21:00 on the same day, C expressed to the effect that “The punishment of indecent acts, such as coercion, by force, was committed on the part of the police officers in his/her own key in the vehicle.”

However, at the time, the Defendant was going to go to the telecom with C on September 2, 2017, and around 18:00 on September 2, 2017, there was only a fact that C had a dancing in line with C’s view, and there was no fact that C attempted to look at the Defendant’s chest, and thereafter, C did not commit an indecent act or sexual intercourse with C by force on the part of the Defendant.

As a result, the defendant was sentenced to criminal punishment by C.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the protocol concerning interrogation of suspects to C by the prosecution;

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

2. Statutory mitigation Articles 157, 153, and 55 of the Criminal Act

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