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(영문) 인천지방법원 부천지원 2013.12.05 2013고단3057
무고
Text

A defendant shall be punished by imprisonment for six months.

except that 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

From high school to high school, the Defendant and C have been in contact with the Defendant by way of communication.

During that process, the defendant contact with C on August 7, 2013 and met with C, around 00:0 on August 7, 2013, and met with D Station, and return to C by getting a cab and getting a house after playing at singing, and return to C by telephone, the defects were returned to D, and the Ecom with C returned to D Station and entered the Ecom with C to have a sexual relationship.

However, around 14:00 on August 25, 2013, the Defendant drafted a false complaint against C at the Guro Police Station civil petition office located in Guro-gu Seoul Metropolitan Government 436, Guro-dong.

The written complaint states, "The defendant C forced the complainant on August 7, 2013, to make a sexual intercourse so that he/she has a sexual intercourse with C and the defendant." Although it is true that C and the defendant have a sexual intercourse, C did not commit rape by suppressing the defendant's resistance by assaulting or threatening the defendant.

Nevertheless, on August 25, 2013, the defendant submitted the above complaint to the police officer who could not know his name in the criminal division of the above police station on August 25, 2013.

As a result, the defendant was arrested for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. The prosecutor's protocol and suspect interrogation protocol of the accused;

1. Police suspect interrogation protocol regarding C;

1. The police statement of the defendant;

1. Each statement of the defendant;

1. A complaint;

1. The application of the Kakao Stockholm conversation content and text messages to the Acts and subordinate statutes;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (the fact that the criminal defendant repents his/her wrong, the fact that the criminal defendant raises his/her child, the age, environment and all other circumstances of the criminal defendant);

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