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(영문) 의정부지방법원 2016.08.25 2016고단2076
무고
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On 201, the Defendant came to know of D which he had been a customer at a restaurant that he had been able to engage in, and became a customer, and around that time, the Defendant became aware of D’s relationship with D. However, the Defendant’s husband, became aware of the relationship with the Defendant and became at the risk of divorce with the husband, with the Defendant’s husband’s complaint to the effect that the Defendant was raped from D during that period.

On September 1, 2015, the Defendant made a false statement to the effect that “G” was “D having engaged in sexual assault over several occasions” at the static restaurant of the trade name “G” it is operated by the two weeks, using the Y, and on the same day, submitted the above complaint to the public official in charge of the name in the public service center of the Gyeonggi Police Station on the same day, and supplement the complaint to the public official in charge of the name in charge on September 2, 2015, the Defendant made a false statement to the effect that “D was raped after being boomed with the hump and the clothes were forced from the official near the Kambol on July 2015, 2015 at the Criminal Team statement recording room of the Gyeonggi Police Station at the Dong-ju Police Station at the same police station on the same day.”

However, in fact, the defendant was sexual intercourse between D and D and about 14 years, and was sexual intercourses under mutual agreement, and there was no fact that D used to suppress the resistance by assault or intimidation of the defendant, and then raped the defendant.

As a result, the defendant raised D without any criminal punishment for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Statement made to A by the police;

1. A complaint;

1. Plastics replys after the result of the polyffacy test;

1. Investigative report (the contents of the victim's telephone and the submission of cd), stenographic records;

1. Anthrax;

1. The application of Acts and subordinate statutes to reports on the state of veterinary practice;

1. Relevant Article of the Criminal Act and Article 156 of the Criminal Act concerning the crime. Article 156 (Selection of Punishment of Imprisonment);

1. Statutory mitigation (Confession) Articles 157, 153, and 55 (1) 3 of the Criminal Act;

1. Grounds for sentencing under Article 62(1) of the Criminal Act 1.

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