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(영문) 대구지방법원 2014.12.18 2014고단2820
무고
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On December 12, 2013, the Defendant: (a) the Daegu East Eastern Police Station located in Daegu East-gu, Daegu East-gu, on December 12, 2013; (b) the fact was a sexual intercourse by entering a woman under an agreement with a new wall D on November 14, 2013; and (c) even though there was no rape with the Defendant who did not have knowledge D, the Defendant attempted to get D criminal punishment for the purpose of having D flow off a taxi on November 13, 2013, on the following day, by having D flown alcohol from the Eart club and flown alcohol up to the new wall. (d) On November 13, 2013, the Defendant intending to get D off the clothes.

Therefore, he/she has been forced to rape despite his/her resistance.

'Before preparing and submitting a written complaint to the effect that it was D, the above police station female juvenile and sexual assault investigation team office were stated to the same effect on the same day.

Summary of Evidence

1. Each legal statement of D, F, G, and H;

1. A protocol concerning the suspect examination of the accused;

1. Protocol concerning the examination of suspect concerning D (including the part concerning the statement of the defendant);

1. A complaint;

1. Statement of each police statement of the defendant and I;

1. The key point of this case is the determination of whether the Defendant’s complaint is false or not each investigation report (in accordance with the specific telecom, the Kakakaogle dialogue, the attachment of a report on the use of cash services, and an on-site search of the Moel), on the other hand, the Defendant asserts that D had sexual intercourse with her mother, who is a personnel inequality, and forced sexual intercourse with D, but D attempted to leave the Defendant to her house into her taxi, but he argued that D had sexual intercourse with the Defendant under the agreement by actively demanding the Defendant to leave her house into her taxi.

In full view of the following facts and circumstances admitted by the evidence duly admitted and investigated in this Court, D’s statement is believed and the Defendant’s statement is not believed, and thus, D’s sexual relationship is established upon agreement by the Defendant.

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