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(영문) 인천지방법원 부천지원 2014.11.28 2014고단2022
무고
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around November 2012, the Defendant was divorced with C, and C maintained the relationship of sexual intercourse with the Defendant, even though there was a woman living together, even though there was a woman living together with C.

On April 17, 2014, at around 01:00, the Defendant, along with children in the beauty room of Defendant’s operation in Dong-gu Incheon Metropolitan City, divided the conversations with the son and naturally formed a sexual relationship.

The Defendant demanded C to speak together with his house immediately after the sex relationship, but C refused it and returned to the house with a female living together, and decided to report the rape from C.

Accordingly, around May 28, 2014, at the office of the investigation team in charge of sexual assault and female juveniles of the Bupyeong-gu, Seocheon-gu, Seocheon-gu, 311-gil, and 84, the Defendant took pressure on the Defendant who was locked around April 17, 2014. The Defendant took a breath of the Defendant’s bridge on the body of the Defendant who was sealed in both hands, and went on the body of the Defendant of the Baberth, and took a breabbbbbbb and her so that he could not move on the side, and she took a more fast on the chest side of the Defendant’s body so that he could not go against the Defendant’s title by dividing it, and, on May 25, 2014, she made a rape to the effect that he could not move on the Defendant’s body and that she would be punished for rape by taking advantage of the Defendant’s body.

As a result, the defendant was arrested for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E and F;

1. A protocol concerning the examination of the accused by the prosecution (including the part concerning the statement inC);

1. Application of Acts and subordinate statutes not to impose punishment;

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The fact that Article 62(1) of the Criminal Code is divided and reflected in the suspended sentence, and the person who wants to take the Defendant’s wife.

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