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(영문) 대전지방법원 2013.10.30 2012고단4534
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around November 6, 2011, the Defendant maintained an internal relationship between D and D, which came to know through the “C Mountain Association” around November 6, 2011.

On September 1, 2012, the Defendant prepared a false complaint against D with the purpose of having D criminal punishment, at the Daejeon District Police Station located in Seo-gu, Daejeon, Seo-gu, Daejeon, 950.

The complaint did not have been raped by D, stating that “the Defendant D, was raped around November 17, 201 and around December 6, 201,” and the Defendant did not have been raped by D.

On September 1, 2012, the Defendant: (a) at the foregoing police station, at the time of a supplementary investigation by the complainant; and (b) to E, the police officer in charge, “In addition to the written complaint, the Defendant D, as well as the written complaint, has been raped several times from May 2012 to July 2012; (c) was attempted to rape the complainant on or around August 25, 2012; and (d) was punished in total by 500,000 won from May 1, 2012 to June 27, 2012.” However, the Defendant did not have been raped from D.

Nevertheless, on September 1, 2012, the Defendant submitted the above complaint to a police officer whose name is unknown, and submitted it to D. On September 1, 2012, the above police station made a statement to E with the police officer, and rejected D.

Summary of Evidence

1. Legal statement of witness D;

1. Each prosecutor's protocol of examination of the accused and D by the prosecution;

1. The prosecutor's statement against the defendant;

1. Each police suspect interrogation protocol regarding D;

1. The police statement of the defendant;

1. Complaint;

1. Application of Acts and subordinate statutes on details of currencies;

1. Article 156 of the Criminal Act by universal title with regard to the relevant criminal facts;

1. Selection of imprisonment with prison labor chosen;

1. It does not occur as a result of the defendant's complaint under Article 62 (1) of the Criminal Code, and D has stated that the police expressed that the defendant does not want to be punished for the defendant's non-defensive act, and the age of the defendant;

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