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A person shall be punished by imprisonment for four months with prison labor and eight months with prison labor for each of the crimes set forth in the judgment of the court below.
Reasons
Punishment of the crime
[criminal power] On January 11, 2012, the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Seoul Eastern District Court. On March 8, 2012, the sentence became final and conclusive, and on September 28, 2012, the paroled on September 28, 2012 during the execution of the sentence in Seongdong-gu District Court, and the parole period expired on November 11, 2012.
[Specific Crime]
1. On June 30, 2011, the Defendant was raped on May 17, 201, under the circumstance that he lost the spirit of drunk influence on May 17, 2011, and thereafter, the Defendant received KRW 10 million from the perpetrator on the 30th day of the same month under the pretext of agreement.
After that, although the defendant did not have been raped against men who were aware of in the ordinary sense, he was accused of having been raped in the state of under the influence of alcohol and received money under the pretext of agreement.
Around 04:30 on June 30, 201, the Defendant submitted a written complaint to the public service center of the Songpa-gu Seoul Songpa Police Station to the effect that C was raped with a view to being subject to criminal punishment, and around 05:00 on the same day, the Defendant presented a statement to the effect that “C was raped by taking advantage of the fact that the complainant was in a state of being under the influence of alcohol and thus punished,” at around 05:0 on June 30, 201, the Defendant was present at the Seoul Women’s and Women’s School Violence Ba Support Center and stated that “C was punished on June 30, 201.”
However, the facts did not, however, have been raped with C by having sexual intercourses under the agreement with C.
Nevertheless, the Defendant submitted a written complaint to a police officer who could not know the above name as above, and made a statement to the police officer that caused a false damage to C.
2. On September 28, 2012, the Defendant: (a) heard that a male-friendly Gu at the time was in a situation where a debt repayment is urged by a bond business entity after paroled on September 28, 2012, was needed; and (b) led to a sexual intercourse in a situation where he lost the mind of being under the influence of alcohol to raise money.