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(영문) 광주지방법원 2019.09.27 2018고단4439
무고
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 14:00 on April 13, 2018, the Defendant met with B (Nam 18) who was known from the time of the first year of high school, and entered the same day at around 15:00 on the same day, and entered B’s residence at a nearby convenience store in Gwangju Mine-gu, Gwangju Metropolitan City.

At this point, the Defendant drinked B and drinking, and the Defendant naturally kis from lying on his bend, and B, with the consent of the Defendant, was off the Defendant’s panty by cutting off the panty spanty spanty by cutting off the Defendant’s panty spanty spanty, leaving the Defendant’s chest and inserting the Defendant’s panty spanty two times into the Defendant’s sound part, thereby having a sexual relationship of about 10 minutes under the agreement.

After that, at around 19:00 on the same day, B came to be out of B’s residence, and the Defendant was aware of the spread of sexual intercourses with B, and sent the letters to friendly job offering D, which read “the Defendant was raped from B,” along with D’s confirmation, and submitted a false statement to the effect that, around 21:55 on the same day, “B was forced to have sexual intercourse while visiting G located in the Dongdong-gu Seoul Special Metropolitan City for force,” and that, around April 15, 2018, the Defendant was raped from B from the office of the women investigation team of the Gwangju Mine Police Station located in the Gwangju Mine-gu, Gwangju Metropolitan City on May 18, 2018.

Accordingly, the defendant was arrested for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. Each police statement made to H;

1. A complaint;

1. Investigation report (victim H injury, etc.);

1. Investigation Report: On the suspect B's hard-recording record and Mesenger's attachment

1. Application of Acts and subordinate statutes governing recording records;

1. Article 156 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Reasons for sentencing under Articles 157, 153, and 55(1)3 of the Criminal Act for statutory mitigation, the nature of the instant crime, the degree of damage, and the recovery thereof.

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