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(영문) 부산지방법원 동부지원 2016.01.27 2015고단2581
무고
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was aware on October 18, 2015 that he had known to the general public.

F and her husband's introductions, she selly h with each other, and she was in fact living together with the above F during the period of October 22, 190.

around 10:00 on October 23, 2015, the Defendant reported to the Busan Coast Guard to “her mobile phone assaulted” as a mobile phone, and on the same day, around 16:59 on October 19, 201, the Defendant was forced to leave his clothes and had sexual intercourse with the Defendant at the Busan Coast Guard Center located in Busan, the Busan, the East Coast Guard Center, despite the resistance at around 22:00 on October 19, 2015.

때리는 시늉을 두어 번 했다’, ‘2015. 10. 20. 밤과 10. 21. 밤에도 H이 옷을 벗게 한 후 강제로 성관계를 하였다 ’라고 보충 진술을 하고, 이어 2015. 11. 26.에는 부산지방 검찰청 동부 지청에 변호사 I을 통해 같은 취지의 고소장을 제출하였다.

However, the facts are as follows: (a) on October 18, 2015, the Defendant and the Defendant and the Defendant have sexual intercourse with each other’s heading; (b) on October 19, 2015, the Defendant voluntarily had sexual intercourse with each other’s heading; and (c) on October 20, 2015, and on October 20, 2015, there was no sex relationship with H in itself; and (d) thus, the above report and the details of the complaint are false.

As a result, the defendant Ha, who was the defendant Ha, had the defendant Ha without the intention of having the criminal punishment imposed.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement by the police concerning H concerning the suspect interrogation record, F, and G;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 157, Article 153, and Article 55 (1) 3 of the Criminal Act to mitigate self-denunciation;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Considering the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act and the fact that the crime of this case is very poor, strict punishment against the accused is required.

However, the defendant is a first offender who has no criminal history, and his/her mistake has been repented in depth through the life of confinement for about one month, and the defendant is the defendant.

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