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(영문) 청주지방법원영동지원 2020.08.13 2020고단48
무고
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 15, 2019, at around 00:51, the Defendant reported 112 to the effect that C was subject to criminal punishment at the Defendant’s house located in Chungcheongnam-dong B, Chungcheongnam-dong, Chungcheongnam-do, for the purpose of having C receive criminal punishment. The Defendant made a statement to the effect that C was subject to rape from C to a police officer dispatched to the scene.

또한 피고인은 2019. 11. 22. 14:00경 충북 영동군 영동읍에 있는 충북영동경찰서 D 사무실에 출석하여 위 경찰서 소속 경장 E에게 “2019. 11. 14. 02:00경 술에 취하여 잠이 든 사이에 C이 가슴을 핥고 있었고, 이에 ‘하지 마, 진짜 하지 마.’라고 말하였음에도 C이 그의 성기를 피고인의 음부에 삽입하여 강간하였다.”라는 취지로 진술하였다.

However, at around 23:10 on November 13, 2019, the Defendant drinked alcoholic beverages with C along with C on November 14, 2019, and moved to the above house of the Defendant at around 02:00 on November 14, 2019, and made a sexual intercourse with C. The Defendant considered the head of the sex relationship and was sexually reported and made a false statement about damage to the police while making a false statement to the effect that the Defendant was sexually ill and sexually raped against C by the Defendant’s male-gu.

Accordingly, the Defendant reported false facts to public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. 112 reported case handling table;

1. Application of the Acts and subordinate statutes on CCTV shooting;

1. Article 156 of the Criminal Act and Article 156 of the same Act concerning criminal facts and the choice of fines;

1. Articles 157, 153 and 55 (1) 6 of the Criminal Act for mitigation of confessions;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant committed the instant crime, thereby endangering the appropriate exercise of the national criminal justice authority, and C puts the risk of being unfairly punished.

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