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(영문) 인천지방법원 2016.06.02 2016고단2108
무고
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 26, 2015, at the Support Center for Victims of Sexual Violence C located in Dong-gu Incheon Metropolitan City around 20:00, the Defendant reported false sexual assault damage to D, who is a police official at the Support Center for Victims of Sexual Violence C, and the customer E, at around 03:00 on September 23, 2015, met the Defendant’s left chest and buckbucks on several occasions on September 23, 2015, where the Defendant is working, in the Nam-gu Incheon Metropolitan City where he is the Defendant, and her hand over three times on the hand, bucks of the Defendant, her fingers into the left chest, her fingers, and her fingers into the panty, and tried to commit rape. However, the Defendant reported that the Defendant reported the rape.

A statement was made to the effect that a noise did not result in rape by resisting and opposing noise.

However, there was no fact that E had attempted to commit rape as above.

In the end, the Defendant reported false facts to an investigative agency for the purpose of having E criminal punishment, although there was no fact that the Defendant was victimized by attempted rape from E.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of prosecution or police concerning E;

1. Statement made by the prosecution with regard to H;

1. Statement made by the police against the defendant;

1. Commencement of internal investigation and criminal place;

1. Application of Acts and subordinate statutes governing recording records;

1. Article 156 of the Criminal Act applicable to the crime and Article 156 of the Selection of Punishment Act;

1. Articles 157, 153, and 55 (1) 6 of the Criminal Act to be mitigated by law;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the following: (a) the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order: (b) the background and content of the instant crime; and (c) the Defendant’s non-suspected the risk of criminal punishment; and (d) the Defendant spent the investigation power of the investigative agency in unnecessary places; (b) the Defendant is a primary offender with no criminal history; (c) the Defendant was the president of the entertainment establishment he/she worked as a customer from H, the president of the entertainment establishment; and (d) the violence between the Defendant and the employee

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