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(영문) 부산지방법원 2016.10.27 2016고단4503
무고
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around August 2015, the Defendant came to know D while engaging in entertainment business in Seo-gu Busan, Busan, and agreed on April 19, 2016 at the drinking house located in Jung-gu, Busan, about 03:00, to drink with D and drink with D, and around 06:50 on the same day, the Defendant was in a sexual intercourse with D and D with GMoel located in Young-gu, Busan, Busan, about 305 on the same day.

The Defendant, who completed the sex relationship, taken the body of the Defendant using the mobile phone camera function, and tried to make a false accusation that D had been raped from D.

On April 20, 2016, the Defendant: (a) prepared a false complaint on D in the form of a recording room at the Busan Sea Center located at the Busan Sea Center located at the Busan Sea Center located in Seo-gu, Seo-gu, Busan; and (b) submitted a false statement on D in the form of a recording room at the Busan Sea Center located at the Busan Sea Center; and (c) made a supplementary statement on April 20, 2016 at the Busan Sea Center’s statement recording room at the Busan Sea Center.

A written complaint means that “A person was unable to drink or drink D at around 03:00 on April 19, 2016, and was unable to drink and drink D, but was in a mental condition, and was off with clothes, and was forced by D to scam scam, scam, scam, scam, scam, scam, and scam, scam, and forced rape.” In the written complaint supplement statement, “D and alcohol were scam and scam scam, lost memory. I am scambling off and scam, and were in a low-level body.”

However, in fact, the defendant was sexual intercourse under the agreement with D, and did not have been raped by assault or intimidation from D.

In this respect, the defendant was arrested for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspects of D by the prosecution;

1. The police statement of the defendant;

1. Application of the Acts and subordinate statutes to the complaint;

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