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(영문) 서울중앙지방법원 2014.10.16 2014고단5534
무고
Text

The accused shall disclose the summary of the judgment of innocence.

Reasons

1. On April 15, 2014, the Defendant reported rape at the office of the Yangcheon-gu Seoul Metropolitan Government Nancheon-gu Seoul Metropolitan Government Office of the Nancheon Police Station (Seoul 6dong 321) to the effect that “C, around March 31, 2014, sent a statement to the effect that “A, around 01:00, under the influence of C, was subject to punishment because C had been under the influence of committing rape by force,” and that “A, at the office of the Eancheon-gu Office located in Seoul Special Metropolitan City D, made a statement to the effect that “In the course of rape the Defendant under the influence of C by force and resisting the Defendant, the Defendant would be punished as a crime of rape because he was infected by sexual illness, etc.”

However, in fact, the defendant had a natural sexual intercourse with C in a state of consciousness, and the above C had no raped by force or by assault and threat against the defendant.

Nevertheless, on May 13, 2014, the Defendant reported false information to the police, and submitted the above false complaint to the Seoul Gwanak-gu Seoul Gwanak Police Station located in 33, 5-ro, Gwanak-gu, Seoul, Seoul, and filed a false complaint with C.

2. Determination C’s investigative agency and legal statement, images of CCTV taken before and after the Defendant and C’s sexual intercourse (on the face of the Defendant and C’s convenience points, drinking, etc. at the Defendant’s house, the face of the Defendant and C), the Kakakao Stockholm text messages ( immediately after the sex relationship, the content that C is a woman at the Defendant’s hospital) taken by the Defendant and C with the Defendant of the workplace company (the Defendant and C’s workplace company), and if a sexual relationship is enforced, it is difficult for C to readily conclude such a sexual relationship.

It is difficult to readily conclude that the Defendant had intention to know about the sexual intercourse with the Defendant on the sole basis of such circumstance.

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