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(영문) 수원지방법원 여주지원 2017.07.19 2017고단626
무고
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

At around 01:40 on December 26, 2016, the Defendant stated that “A police officer who was dispatched after receiving a report from the Defendant’s house located in Leecheon-si B and 301 on December 26, 2016, “A person who is well aware of the next house had come to go to the room, and attempted to commit rape, and went to the body by assault and assault,” and then, at the Leecheon Police Station around 02:00 on the same day, the Defendant stated that “A person who is next house D was able to go to his own room without any justifiable reason on several occasions.”

Therefore, the person called D was under the influence of alcohol and demanded the low-incomeer to engage in a e-a-dial and sexual intercourse, and the proposal was refused.

The D has removed the clothes of the defect in his hand by force because he had the 7 to 8 times from both her hand, and he has removed the clothes of the defect by force.

He/she shall tear the clothes in his/her place, cut off his/her panty, shall be forced to dance, and he/she shall have his/her chest and sound with his/her hand.

“A statement to the effect that he/she was able to be raped from D in writing, and submitted to E by police officers.

However, the fact was that the defendant and D had sexual intercourse several times before December 26, 2016 with people in internal ties, and on the same day, the defendant and D had naturally sexual intercourse with the defendant, and the defendant and D were disputed during the sexual intercourse, and when D assaulted the defendant, they filed a false report as if it was obvious that the defendant would be raped from D.

Accordingly, the defendant reported the above false facts for the purpose of criminal punishment against D, and made a false accusation against D.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of the accused to the prosecution against D;

1. Application of Acts and subordinate statutes to the defendant's statement;

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) 3 of the Criminal Act to be mitigated by law;

1. Attraction of a workhouse;

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