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(영문) 부산지방법원 2018.06.20 2017고단5228
무고
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On August 14:15, 2017, the Defendant, at around 14:15, had a cellular phone in the Defendant’s residence located in Busan Jin-gu C building 619, carried the Defendant’s cell, “The Defendant was staying in the mother telecom in writing, who has left the eye to drink the drinking.”

A perpetrator is a 26-year-old player. D.

Around 112 of the same day, a report was filed with 18:10 on the same day, to the effect that “A female juvenile of the Busan Regional Police Agency and E InspectorF, who was investigated in the video recording room at the Busan Regional Police Agency, located in the Busan Regional Police Agency, and who was raped from D, because the trade name at the new wall 3:3:0 on August 10, 201 through 4:0 on August 10, 201, cannot be known of the trade name of the father-dong located in the mother telecom, and thus, D was punished.”

However, on August 10, 2017, the Defendant was raped from D in the absence of a breathous state where the Defendant had sexual intercourse under the agreement with D while drinking with D, and drinking with D, from August 10, 2017.

In this respect, the defendant made D's accusation for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Legal statement of the witness D;

1. Entry in G in the second public trial records;

1. Statement made by the police against the defendant;

1. 112 Declarations;

1. On-site investigation reports (on-site investigation, etc.), investigation reports (data submitted from reference witnesses) (D's statements about the days in the telecom method are inconsistent.

However, based on the above evidence in light of the appearance of the defendant who appeared in CCTV when entering the telecom, the content of text messages sent and received by the defendant and G on August 12, 2017, the relationship between the defendant and G, etc., it may be recognized that the defendant was groundless.

Application of Statutes

1. Grounds for sentencing of punishment pursuant to Article 156 of the relevant Act on the facts constituting the crime, Article 156 of the Criminal Act, and sentencing of imprisonment;

1. Type 1 basic area (from June to two years) of the scope of the recommended punishment;

2. The defendant shall have a sex relationship by agreement with D.

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