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(영문) 광주지방법원 2013.08.22 2013고단1811
무고
Text

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

Reasons

Punishment of the crime

On November 21, 2012, the Defendant prepared a written complaint at the Gwangju Northern Police Station located in Gwangju Northern-dong 784-5, Gwangju, to the effect that “D found in the Seocho-dong Police Station on July 21, 2012, and rapes after moving B to her motherel,” and made a supplementary statement at the Gwangju Northern Police Station on November 26, 2012.

However, there was no fact that the defendant had sexual intercourse with D.

Nevertheless, for the purpose of having D criminal punishment, the defendant submitted a false complaint to D with the aim of having D be subject to criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, F, and G;

1. Complaint;

1. Application of Acts and subordinate statutes to telephone conversationss, copies of books, investigation reports (Attachment of suspect data), claims summary status, modern card transaction details, Samsung Card transaction details, book copies (E. 9 July 2012), and replys to fact inquiries;

1. Determination on the assertion of the defendant and his/her defense counsel under Article 156 of the Criminal Code of the relevant criminal facts

1. The defendant alleged that the submission of a written complaint, such as the statement of facts constituting a crime, was true, but it was true that he was raped from D. Thus, the contents of the written complaint are true, even if its contents are not true, and at least the defendant filed a complaint against D with conviction that it is true, and there is no intention of accusation against the defendant. Thus, the defendant did not constitute a crime of accusation

2. In the judgment, the Defendant, on July 9, 2012, went to the I restaurant located in N in the Jeonyang-gun, Jeonyangyang-gun, and the Defendant first sent D, which was in charge of the collection of claims, to the new card company. The Defendant stated that, on July 14, 2012 or from around 21:00 of the same month to 22:00 of the same day, he was released from the apartment after receiving D’s phone from the apartment in his dwelling and getting out of the apartment, and was rape at the motherel located in the city where D was getting out of the car. This is based on macroficial evidence.

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