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(영문) 수원지방법원 2018.08.09 2017고단7569
무고
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On May 2017, the Defendant drafted a false complaint against D at a non-permanent location.

The complaint filed "Around 14:00 on May 13, 2017, with five employees of the company, and with five employees of the company at the F restaurant located in Osan City E, Osan-si, 19:00, sing and playing by singing at around 19:00.

In that sense, D forced the defendant's arms in singing and going to the toilet.

The defendant, who got according to D, entered the toilet where he intends to see the change.

The purport of D's entry according to the Gap's own toilet, and the chest was forced to enter the defendant, and the chest was taken back, and the defendant's sexual organ was inserted into the defendant's sound book after leaving the body of the defendant, and punished for rape." However, the fact was that D's sexual organ was not forced to attract the defendant out of the singing room, but the defendant went into the toilet at the defendant's request, and entered the toilet with the defendant's sexual intercourse under mutual agreement.

Nevertheless, on May 22, 2017, the defendant submitted the above written complaint to the public service center of the Seongbuk-dong Police Station in the Yongsan-si unit, Osan-si, and to employees whose name is unknown.

Accordingly, the defendant made a false accusation for the purpose of having criminal punishment imposed upon the defendant.

Summary of Evidence

1. Each legal statement of witness D, G and H;

1. Part of the statement in the suspect interrogation protocol against the accused in the prosecution. In particular, the statement to the effect that D did not contain any name at the time of sexual intercourse because it did not assault or threaten the accused (the investigative record 102 pages);

1. Copy of each police statement made to the defendant or G;

1. Judgment of the defendant and his/her defense counsel as to the assertion of the investigation report (Attachment of photographs submitted by the complainants)

1. The alleged defendant and his defense counsel, D, from a toilet in a singing room on May 13, 2017, enter the defendant with his or her chest, leave his or her chest, and forced him to leave his or her baby.

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