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(영문) 대전지방법원 서산지원 2013.12.20 2012고단1152
무고등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2012 Highest 1152] Defendant A, who had been living together with B from March 2010 to her relationship with B, proposed that B be living together with B while giving business funds, etc. over several times, but thereafter, Defendant A had the answer that the Defendant could not live together until her husband is divorced from her husband, and had the intention to file a complaint with B when the contact was terminated.

Defendant

A around June 1, 2012, at the Seogsan City 4-23, Seosan-si Office of Daejeon District Public Prosecutor's Office, submitted a letter of complaint stating that "A, around December 2010, by threatening the husband to know rape after rape Eul around December 1, 2010, a total of 30,930,000 won of money and valuables were withdrawn, so that A would be punished."

However, in fact, Defendant A refused a proposal that B had been living together with the said money in order to assist B, who had sexual intercourse and had experienced financial difficulties, and received a false complaint as above, to receive money, and to receive the communication.

As a result, Defendant A filed a false accusation for the purpose of having the criminal punishment imposed upon Defendant A and filed a false accusation against Defendant B.

[2013 Highest 596]

1. Defendant A is a person who has a spouse who completed a marriage report with G on January 26, 1981.

Defendant

A, on October 2010, around B and B, parked in the vicinity of the I Bathing Beach located in B and one time in the area of the I Bathing Beach, Y, Y in the Haak-gun, Chungcheongnam-gun, Y, and the two times of sexual intercourses with B from that time until January 2012, as shown in the list of crimes in the attached Form.

2. Defendant B, even though being aware that he was a spouse of the above A, was sexual intercourses between A and A at the time, place, as described in paragraph (1), and one time, from that time until January 2012, Defendant B, as indicated in the attached list of crimes, was sexual intercourses with A at least seven times.

Summary of Evidence

[2012 Highest 1152]

1. Partial statement of the witness B;

1. Each police statement made to A;

1. The mark of the complaint filed, the complaint filed, and each;

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