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(영문) 대구지방법원 서부지원 2013.09.10 2013고단564
무고
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant, from May 2006 to November 5, 2010, was in a domestic relationship with C, and around July 2010, he was able to hear the horses, and was charged with committing a thief, leading the horses to C, and committing a crime of larceny on June 19, 2012. On July 23, 2012, the Defendant was subject to a disposition of non-prosecution in the Seo-gu District Public Prosecutor’s Office of Daegu District Public Prosecutor’s Office (Suspension of Prosecution). From September 20, 2012 to November 5, 2012, the Defendant was sentenced to a fine of KRW 500,000,000,000 from the Seo-gu District Court Branch on May 1, 2013.

On October 16, 2012, at around 23:30, the Defendant had sexual intercourse with C in the five female toilets of the 5th floor of the Daegu Seo-gu D Building, but thereafter had been willing to file a false complaint to the effect that C was raped from C, who did not properly contact with the Defendant.

On January 30, 2013, the Defendant prepared a false complaint with the aim of having C obtain criminal punishment from the Defendant’s house located in Daegu Jung-gu E building No. 2, 302, and C.

Between October 16, 2012, 23:30 and October 17, 2012, 200:30:30 on October 17, 2012, C had been subject to indecent act by compulsion and rape in the toilets inside the house immediately adjacent to the Defendant’s workplace, and thus, C had no fact of suppressing C’s resistance by assault or intimidation at the same time and at the same place.

Nevertheless, around January 30, 2013, the Defendant submitted the above written complaint to the Daegu Haak Police Station located in Seogu-dong 282, Seosung-dong 282, the Defendant filed a supplementary statement to the same effect with the police officer in charge of not knowing his/her name. On the same day, around 10:20, the Defendant made a supplementary statement to the same effect at the Daegu Haak-dong, Seogu, Seogu, Seogu, Seo-gu, Seodong-gu, which was located

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Protocol concerning the examination of the accused by the prosecution;

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