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(영문) 서울동부지방법원 2018.04.12 2018고단272
무고
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 11, 2017, the Defendant: (a) around 01:49 on October 11, 2017, the Defendant posted a mobile phone from Seongdong-gu Seoul apartment 109-dong stairs to 112, thereby having sexual assaulted D before lurering.

“............” reported the content.

However, on September 25, 2017, at around 19:30 on September 25, 2017, the Defendant had sexual intercourse with the above D under the consent of 106 Fmanman 106 in Jung-gu Seoul Metropolitan Government E, but there was no rape from the above D.

As above, the Defendant reported false facts to public offices for the purpose of having the above D receive criminal punishment, and made a false accusation against D.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes to a report on investigation (attaching details reported by the victim);

1. Relevant Article 156 of the Criminal Act and Article 156 of the Criminal Act concerning facts constituting an offense;

1. Articles 157, 153, and 55 (1) 6 of the Criminal Act to be mitigated by law;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: A crime of false accusation is a crime that infringes on the national legal interest, which is a proper exercise of the State’s trial function, and seriously threatens the legal stability of the person under consideration: The circumstances favorable to the defendant: the defendant is against himself/herself; the defendant recognized him/her immediately after reporting the person under consideration; the result does not cause serious damage to the defendant; the victim is not subject to punishment against the defendant; the victim is also in need of punishment; and the sentencing conditions indicated in the records, such as the defendant’s age, environment, motive, means and consequence of the crime; and the circumstances after the crime, etc., are considered.

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