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(영문) 부산지방법원 2008.8.26.선고 2008고단2783 판결
무고
Cases

208 Highest 2783 no accusation

Defendant

A (49 years of birth, South Korea), and non-permanent

Residential Replace in prison at present

Prosecutor

Head of Gu

Defense Counsel

Attorney Lee Yong-chul (Korean National Assembly)

Imposition of Judgment

August 26, 2008

Text

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

Reasons

Criminal facts

On September 26, 2006, the Defendant was sentenced to imprisonment with prison labor for three years on February 12, 2007 with prison labor for rape in the Daegu District Court Branch on September 26, 2006 and is currently under execution of the said sentence, which became final and conclusive on September 20, 207.

Around October 19, 2007, the Defendant appeared as a witness of the foregoing case and testified unfavorable to the Defendant, and prepared a false complaint against V with respect to the purpose of having his female receive criminal punishment.

On May 31, 2007, the complainant appeared as a witness in the court where he was judged to be raped by the Daegu High Court 2007No129 on May 31, 2007, and the facts were only sexual intercourses under mutual agreement and there was no rape from the complainant," the complainant forced the defendant to have the defendant's complaint, and the defendant's complaint's complaint's complaint's complaint's complaint's complaint's complaint's complaint's complaint's body was pushed down, and the defendant's complaint's complaint's complaint's body was cut down to the defendant's complaint's body, and the defendant's complaint's complaint's complaint's complaint's complaint's son and panty were added to the defendant's complaint's part, and the defendant's complaint's 2,5,000 son's face was added to the defendant's complaint's body, and the defendant's complaint's 1,5,000 son's face was added to the right part of the defendant's complaint.

Nevertheless, on October 26, 2007, the Defendant submitted the above written complaint to the police officer in charge of the investigation of the Pohang-dong and the police officer's name in charge of the investigation of the Pohang-dong in Seosan-dong, Chungcheongnam-gu, North Korea.

Summary of Evidence

Omission

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 156 of the Criminal Act

Judges

Judges Kim Gin-han

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