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(영문) 창원지방법원 2019.06.04 2019고단96
무고등
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around April 25, 2018, the Defendant prepared a false complaint with respect to B at the Changwon Police Station in Changwon-si, 177, the top-down of the window of Changwon-si, Changwon-si, 2018.

The defendant and B had no raped the defendant since February 18, 2014, on April 11, 2014, at the defendant's house located in Yangsan-si C apartment D. The defendant and B had no raped the defendant.

Nevertheless, on April 25, 2018, the defendant submitted a written complaint to a police officer who is unable to know his/her name at the public service center of the above police station.

Accordingly, the defendant was arrested for the purpose of having B receive criminal punishment.

"2019 Highest 574"

1. Notwithstanding the fact that the Defendant, on June 2, 2016, posted a phone call to E on June 2, 2016, thereby impairing the victim’s reputation by openly pointing out false facts to the effect that “The facts were sexual assaulted against B, and went out to rest in the toilet, and went out to rest in the toilet.”

2. On November 15, 2017, the Defendant defamationd the victim’s reputation by openly pointing out false facts to the effect that “B had not suffered rape damage from the victim’s sexual intercourse in the “Gac shop” located in Ulsan-gun F, Ulsan-gun, and, notwithstanding the fact that, on November 15, 2017, there was no fact that the victim suffered rape from the victim’s B, two persons, other than H, together with the other two persons, “B had been faced with bad conditions to B, and the hospital life has been old.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to B and H;

1. Details of cards and settlement;

1. A written request for analysis of a mobile phone and an analysis report;

1. Confirmation of investigation (to hear E telephone statements);

1. Recording notes;

1. Application of the Acts and subordinate statutes reporting text messages;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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