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(영문) 서울중앙지방법원 2014.04.24 2013고정6554
무고
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 16, 2013, the Defendant prepared a false complaint against C using a computer located therein at the PC room where it is impossible to identify the trade name in Gangnam-gu, Seoul.

The complaint was filed on May 8, 2013, stating that “The defendant C, who was the defendant, had raped the complainant who was under the influence of alcohol in the Embel in Busan, Seo-gu, Busan on May 8, 2013, and thus punished.” However, C was sexual intercourse with the defendant who was not under the agreement with the defendant and was not under the influence of alcohol.

Nevertheless, on June 17, 2013, the defendant submitted a written complaint to the police officer who is unable to know his name in the Gangnam-gu Seoul Gangnam Police Station civil petition office in Gangnam-gu, Seoul.

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. C’s legal statement;

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

1. Statement by the prosecution against C;

1. The prosecutor's statement against the defendant;

1. Copy of the police statement of the defendant;

1. Copy of the protocol concerning the examination of suspect C by the prosecution;

1. Written complaint of the defendant and revocation of complaint of the defendant;

1. Application of Acts and subordinate statutes to a criminal investigation report (report accompanied by a sample analysis data);

1. Relevant Article of the Criminal Act and Selection of Penalty for the Crime. Article 156 (Selection of Fine)

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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