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(영문) 수원지방법원 성남지원 2018.06.28 2018고단462
무고
Text

A defendant shall be punished by imprisonment for not more than ten 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

On August 21, 2017, the Defendant submitted a false written complaint to C by using an examination color pen at the public service center of the police station of the Gyeonggi-gu branch for the game 165, Sungnam-si, and made a statement of damage to C at the above police station's female juveniles and the statement recording room on the same day.

The written complaint states that "a rape was made from C," and the victim's statement was "A," stating that "A, while referring to this defendant's desire, threatened the defendant with "I will find his/her school, will see his/her parents, and will create his/her parents," and that the defendant was raped on two or more occasions from August 16, 2017 to August 18, 2017, and "a request to punish him/her because he/she was raped on two or more occasions," and that the defendant was aware of C with a customer who was in the above kis room around August 11, 2017 while working in the kis room. From August 12, 2017 to August 19, 2017, he/she had sexual intercoursed or had never been sexual intercoursed with the defendant.

Nevertheless, at that time, the Defendant made a false statement to see that he had been frightened to the Defendant’s father’s frighten, and that she had been forced to engage in a sexual intercourse with the Defendant. The Defendant’s father made a sexual intercourse with the Defendant under the agreement with C as to the Defendant’s “frighting to file a complaint, thereby doing so.” The Defendant was threatened by C, was in his house, or was sexual intercourse with C, or was sexual intercourse with C, and was able to file a false complaint with the police officer who was not able to know the name of the Defendant at the public service center of the police station of the game branch on the same day without having been raped. The Defendant submitted the above complaint to the police officer who was unable to know the Defendant’s name at the public service center of the police station of the game branch on the same day, and made a false statement of damage to C as above.

Accordingly, the defendant is subject to criminal punishment against C.

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