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(영문) 창원지방법원 진주지원 2017.07.19 2017고단263
무고
Text

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

Reasons

Punishment of the crime

On January 20, 2017, the Defendant: (a) was the civil petition office of the Jinju Police Station in Jinju-ro No. 24 o-ro 24, Jin-si, Jin-si, and (b) “D, the Defendant, at the low residence of around August 23:30, 2016, has raped the complainant.

There are more damage twice.

chapter 300 00

A written complaint stating “,” was prepared and submitted to the head of the Jinju Police Station.

At the same day, the Defendant was investigated by a slope belonging to the above police station in the video recording room for female youths in the Jinju Police Station and female youths' statements in the above police station, and stated that "Defendant D, the complainant, was raped once at the complainant's residence on August 2016, 2016, the complainant was raped once at the infinite’s mutual infiniteel on November 2016, 2016, and the complainant was punished by forcing the complainant to commit an indecent act on his/her breast and finites within the vehicle parked on the road around November 2016."

However, the victim D did not commit rape or forced indecent act against the defendant.

As above, the Defendant submitted a written accusation containing false facts, and made a false statement, thereby having the victim receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Complaint;

1. Statement made by the police against the defendant;

1. A protocol concerning the examination of suspects of D;

1. Photographs of a device screen for D mobile communications;

1. Application of the statutes on the prosecutor's statement protocol to the defendant;

1. Grounds for sentencing Article 156 of the Criminal Act with respect to the crime;

1. The measure of recommending the application of the sentencing criteria: A confession made between January and one year (the area of mitigation):

2. After having filed a complaint with a victim on January 20, 2017, the Defendant was raped or forced indecent act by the victim until he/she is investigated from a prosecutor on March 20, 2017.

On April 24, 2017, the prosecutor led the defendant to make a statement, and led the defendant to make a confession of any defect in the investigation on the charge of false accusation.

The victim shall be the defendant's crime of this case during the above period.

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