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(영문) 서울남부지방법원 2019.10.23 2019고단444
무고
Text

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

Reasons

Punishment of the crime

From February to March, 2018, the Defendant had a sexual intercourse under an agreement after he became aware of in the mutual infinite singing book in Jongno-gu Seoul, Jongno-gu, Seoul with customers and the helper.

At around 21:40 on July 25, 2018, the Defendant stated to the police officer in charge of the police officer in the Guro-gu Seoul Metropolitan Government Guro-gu, Seoul, that “Ashe was raped against any other person, she was at his/her own detention, cut off his/her clothes, forced him/her to be cut off, cut off his/her chest, forced him/her to be forced, and forced him/her to control and have a sexual intercourse.” After stating that “B’s name, cell phone number, and house address was specified as a sexual assault offender, and visited C on the same day, and collected evidence.”

However, at around 21:00 on July 25, 2018, the Defendant was sexual intercourses under the agreement with B at the Guro-gu Seoul Metropolitan Government D Building and B's residence located in No. E, and there was no rape.

Accordingly, the Defendant reported false facts to the police station, which is a public office, for the purpose of having a criminal punishment imposed upon B.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. A copy of the police statement of the defendant;

1. Each protocol of examination of the prosecution and police concerning B (Duplicates);

1. A copy of the defendant's partial statement;

1. Report on the offender's place and voluntary movement;

1. Application of relevant Acts and subordinate statutes to each investigation report (ffaging on the cell phone of the victim / Suspect A-A-A-A-A-A-A-C statement hearing between suspects);

1. Determination as to the assertion by the relevant Article of the Criminal Act, Article 156 of the Criminal Act regarding criminal facts, and the Defendant of the choice of imprisonment and defense counsel

1. The summary of the argument is that the Defendant actually filed a complaint for rape from B, and thus does not constitute an accusation.

2. In full view of the following circumstances revealed from the evidence duly adopted and examined by this Court:

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