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(영문) 인천지방법원 부천지원 2014.04.09 2014고단446
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant had a friendly relationship by exchanging telephone numbers with each other, and exchanging contact, with the fact that the Defendant became a guest while working as an entertainment guest at the “D” drinking house in Bupyeong-gu, Nowon-gu, Seoul. The Defendant came to have a friendly relationship.

At around 00:00 on November 6, 2013, the Defendant, along with the foregoing drinking house, flaged with E while drinking alcohol at the foregoing drinking house, and flaging E’s sexual organ into knee and pushed ahead with E, had sexual intercourse with her body, and had sexual intercourse with her as a child, and even though she had not been raped, the Defendant demanded E through G, etc., by stating that she was raped by G, etc., the president of the Flanoe Bank, etc., and the Defendant was able to report that she was raped by E, etc. as a result of a defect in reporting to the police.

Accordingly, around November 8, 2013, the Defendant submitted a petition to the police officer, who cannot know his name at the Kucheon-si Police Station located in Seocheon-si, Seocheon-si, to the effect that “E, who had been known prior to 2-3 months, had raped the Defendant, and thus has been punished,” and that E was not the purpose of having the criminal punishment imposed.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the interrogation of suspects by the prosecution concerning E;

1. The protocol of prosecutorial statement concerning H;

1. A written petition;

1. Application of Acts and subordinate statutes to investigation reports (in the case of monetary recording of a suspect, appending a record);

1. Article 156 of the Criminal Act applicable to the crimes;

1. Articles 157, 153, and 55 (1) 3 (Confession) of the Criminal Act, which are statutory mitigation;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Act is that a person subject to criminal punishment who is in danger of being detained, so it is necessary to prohibit such act, and further, the contents of false accusation are rape.

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