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(영문) 인천지방법원 부천지원 2014.02.05 2013고단3273
무고
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and C had sexual intercourse even after they were living together from September 2012, and are currently living together with the defendant.

When the Defendant was pregnant with C’s son, the Defendant was under the influence of alcohol while talking with C due to abortions, and the Defendant was able to report the Defendant’s breast at C’s house to the effect that C was raped with C, such as frighting at his meeting.

Accordingly, on July 24, 2013, the Defendant made a false statement to the effect that “The Defendant made a phone call 112 at the residence of 326 of the Kucheon-gu Seoul Special Metropolitan City D Building 326, and, on the same day, reported to the effect that “The Defendant was punished for rape against the Defendant who was locked under the influence of alcohol,” and then made a false statement to the effect that “The Defendant was under the investigation of the instant case at the Criminal 1 Team of the Busan Special Metropolitan City, Seocheon-gu Special Metropolitan City Police Station 1 Office located in the Nowon-gu Special Metropolitan City, Seocheon-gu Special Metropolitan City (Seoul Special Metropolitan City), in the event of abortion, who had been talked at the home due to the problem of abortion, and, without the consent of the Defendant, C has a sexual intercourse with the Defendant’s body and thus, punished him.”

As a result, the defendant was arrested for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of police officers and suspect interrogation protocol to C to the prosecution;

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

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

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (

1. Social service order under Article 62-2 of the Criminal Act;

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