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(영문) 서울중앙지방법원 2014.07.10 2013고단8091
무고
Text

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

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

Reasons

Punishment of the crime

On June 18, 2013, from around 19:00 on June 18, 2013, the Defendant held a meeting with C, D, and E, who are employees of the next office, and had sexual intercourse with C around 22:30 on the same day with C, and when it was difficult for the male-child group in Seocho-gu Seoul, Seocho-gu Seoul, to find a sexual intercourse with C, the Defendant was willing to file a complaint with C for quasi-rape.

이에 따라 피고인은 2013. 6. 19. 오후경 서울지방경찰청 강남권인권보호원스톱센터 사무실에서 “회식 도중 술에 취해 기억을 잃었고 정신을 차려보니 회식장소 근처의 모텔에서 나체의 C이 피고인의 옷을 벗긴 채 성기 부분과 온몸을 혀로 핥고 삽입을 하였다.”'는 취지의 고소장을 작성하였다.

However, in fact, the defendant was a child with awareness that he was naturally sexual intercourse between C and the six-storys of the above telecom.

Nevertheless, the Defendant submitted a false complaint to the above Seoul Metropolitan Police Agency, Gangnam-gu Office for Human Rights Protection of Gangnam-gu Office for Police Officers, thereby making it difficult for the Defendant to obtain criminal punishment.

Summary of Evidence

1. Each legal statement of witness C, H and D;

1. Investigation report (GMoly CCTV images, etc.);

1. Recording records;

1. Details of currency;

1. Mobile phone recording CDs;

1. Comel CCTV;

1. Entry in a complaint and the application of the existing Acts and subordinate statutes;

1. Article 156 of the Criminal Act applicable to the crimes and Article 156 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (including the circumstances, etc. described in the following reasons for sentencing);

1. As the Defendant’s argument regarding the Defendant’s assertion under Article 62-2 of the Social Service Order Criminal Act has lost his memory under the influence of alcohol, and C, as she has sexual intercourse with himself at the motherel as stated in the facts charged in this case, resisting it, contacted with the male-child group, and returned home from the above telecom, and filed a complaint against C on the following day, the Defendant’s complaint asserts that C is not a false complaint for the purpose of having the criminal punishment imposed.

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