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(영문) 서울남부지방법원 2014.11.06 2014고단1685
무고
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

From December 6, 2013 to December 23:30, 2013, the Defendant had sexual intercourse in agreement with F (the Defendant’s male-friendly appearance G) at the Defendant’s home located in Geumcheon-gu Seoul Metropolitan Government E at the family of Geumcheon-gu.

The Defendant, as seen above, was raising to G the facts having a sexual intercourse with F, had F drink in order to escape him, and had F undergo rape in a state where he lost his mind by drinking alcohol.

Therefore, on January 28, 2014, the defendant had sexual intercourse with the defendant by taking advantage of the defendant's failure to resist, which was taken by the F in his/her home in Geumcheon-gu Seoul, Geumcheon-gu, Seoul around December 6, 2013 at the defendant's home located in Geumcheon-gu Seoul, with F, despite the fact that the defendant had sexual intercourse with F, around December 6, 2013 at the defendant's home located in Geumcheon-gu, Seoul, Seoul, with the aim of having the F subject to criminal punishment.

‘A false complaint' submitted a false complaint to the police officer working in the public service center.

In this respect, the defendant raised Flessness.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Examination protocol of the accused by prosecution;

1. F's statement or entry in the police interrogation protocol with regard to F, and part of the accused's statement;

1. Each prosecutor's investigation report (report on the results of the analysis of cell phones submitted by the accused, reports on the results of digital siren analysis of cell phones which are the complainants, and reports on the results of digital siren analysis of cell phones which are the complainants);

1. Application of Acts and subordinate statutes to police investigation reports (limited to text messages);

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

1. The defendant and his defense counsel guilty of the selective punishment of imprisonment with prison labor, because it is true that the F intentionally rapes the defendant who was in a state of personnel inequality by forceing the defendant intentionally. Thus, the complaint against F is not false, and even if it is not so, the defendant is raped with F.

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