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(영문) 부산지방법원 2016.12.14 2016고단4543
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 of the final judgment.

Reasons

Punishment of the crime

On April 20, 2015, the Defendant: (a) had been aware of working as an employee in the “D” KIKO located in the Busan Seo-gu, Busan; and (b) had a sexual intercourse with E to make pregnancy; (c) had requested E to pay abortion costs; (d) had refused this request; (e) had filed a false report as if E had raped himself; and (e) had been able to receive abortion costs from E.g., having received abortion costs.

On May 17, 2015, at the office of the Busan Northern Police Station's Youth Investigation Team located in Busan Northern City, which was located in 63, Busan Northern District, reported to the mitigated F belonging to the above police station that "E, on April 20, 2015, forced off his/her clothes from the above Dkis bank on the ground that he/she forced him/her to go off his/her clothes and forced two arms to imprison his/her resistance, and rapes himself/herself."

However, in fact, the defendant and E have sexual intercourses with each other on April 20, 2015 with the consent of the above D key bank, and they did not rape the defendant.

(The indictment contains no sexual intercourse between the Defendant and E on April 20, 2015. However, according to each prosecutor's office and the prosecutor's statement, etc. of the Defendant and E on April 20, 2015, the Defendant and E made a sexual intercourse in the above key room on April 20, 2015. Since the Defendant's sexual intercourse with E after the complaint of this case can be punished by the Act on the Prevention of Commercial Sex Acts if the Defendant had sexual intercourse with E in the nearby key room, it is recognized that they made a sexual intercourse with E in the surrounding telecom, not E, and stated in the investigation agency that had sexual intercourse with the neighboring telecom. Nevertheless, the Defendant made a false report as above, and made a false statement to F, a police officer in charge of the Women's Investigation Team at the Busan Northern Police Station office, Busan Northern Police Station on the same day.

In this respect, the defendant committed a false accusation for the purpose of having E receive criminal punishment.

Summary of Evidence

1. Legal statement of witness E;

1. The second prosecutor's office of the defendant;

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