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(영문) 인천지방법원 2016.11.10 2016고단2458
위증등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Although the Defendant was aware of C around December 2014, the Defendant became aware of the fact that there was a dispute due to the Defendant’s male problem.

On April 6, 2015, the Defendant had sexual intercourse under the agreement at the above C’s house and had a dispute again again, and the Defendant had expressed the same attitude that C would inform the outside of the issue of male, etc. of the Defendant to the withdrawing person by filing a false complaint against the withdrawing person.

On April 14, 2015, the Defendant made a statement to the effect that “C was exempted from clothes and raped by force despite the victim’s resistance from the house located in the Dong-gu Incheon Metropolitan City, Dong-gu D and C around 09:30 on April 6, 2015, at the Incheon Dong-gu, Incheon, Dong-gu, Incheon, and 202.”

However, the facts were only sexual intercourses under the agreement, and there was no fact of rapes from the above C.

Accordingly, the defendant committed a false accusation for the purpose of having the above C receive criminal punishment.

2. On November 13, 2015, the Defendant testified with the testimony to the effect that, in the court of law No. 317 of the Incheon District Court located in Nam-dong, Incheon, Nam-gu, Incheon, 16:00, the Defendant appeared and taken an oath as a witness of the rape case against the above court No. 2015Gohap539, and that, at around April 6, 2015, the Defendant: (a) testified to the effect that, “C, at the house of the Republic of Korea on April 6, 2015, was raped with the witness’s shoulder and arms, as long as it was impossible to unfold by dividing the witness’s shoulder and arms,”

However, on April 6, 2015, the facts were only sexual intercourses under the agreement with the above C and did not have been rapes.

Accordingly, the defendant made a false statement contrary to his memory and raised perjury.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Copies of prosecutor's and police interrogation protocol regarding C;

1. A copy of the police statement (236 pages) and the statement of the defendant (270 pages);

1. A copy of a record;

1. Application of Acts and subordinate statutes to copies of written opinions, copies of letters, and copies of investigation reports (12 reported details);

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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