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(영문) 전주지방법원 2014.12.23 2014고단2158
무고등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Criminal facts

The defendant is a Lao who entered and stays in the Republic of Korea three years prior to his stay, and C, an Thailand, came to know while performing work at a factory in three years prior to his/her stay, and has come to the recent years.

1. Although the Defendant did not have been raped by C on June 30, 2014, on July 2, 2014, the Defendant was unaware of the fact that the wife of C entered the Republic of Korea on July 2, 2014, and came to keep a distance between the Defendant and C, and reported that he was raped by C.

Accordingly, the defendant, around July 12, 2014, had been raped to C on June 30, 2014, to D, who was a branch of D on July 30, 2014.

“Around July 14, 2014, the former North Korean Police Agency made a statement to the effect that “A was raped by C, who was divingd at C’s house on June 30, 2014,” and was investigated by the former North Korean Women’s and School Violence Support Center, with the aim of having C receive criminal punishment.”

2. On July 11, 2014, the Defendant: (a) discovered that the said C, which was the thief relationship with the Defendant, was mixed with one head of the agricultural bank in the name of another (a foreigner with no name) used by C among the goods of the Defendant, in his/her residence; (b) however, he/she did not return it to C; and (c) did not pay C money in his/her account using the passbook.

On July 13, 2014, the Defendant collected 2,100,000 won by inserting the head of the agricultural cooperative, which was in possession of as above, in a cash payment machine for the management of the victim’s name in the Sincheon-gun University established in the Masan-si.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the prosecution concerning D;

1. C’s statement among the protocol of interrogation of the accused by the prosecution

1. The commencement report of internal investigation, each investigation report, and each of them;

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