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(영문) 서울북부지방법원 2019.01.17 2018고단2119
무고
Text

The punishment of the accused shall be eight months by imprisonment.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 9, 2018, the Defendant committed sexual assault against the employee in charge at the Nowon Police Station located in Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, on February 15, 2018, at around 4 through 6:00, the new wall B committed a sexual indecent act by forcing him to commit a sloping street, and the bar line.

After receiving a written complaint with the contents of "the defendant's complaint," the Nowon-gu Police Station C Assistant D made a false statement to the effect that "the defendant was sexually abused twice in a manner that prevents him from driving even if he refuses to do so at least 12 p.m. on the same day at least 4:00 on February 15, 2018, he was sexually abused by leading him to the bar between the F and G located in Seoul Special Metropolitan City Nowon-gu and the first floor and the second floor of Hsing building in Seoul Special Metropolitan City, and refusing to do so."

However, there was no fact that B prevented the Defendant from joining against the Defendant’s will and forced indecent acts, or forced sexual intercourses after taking two arms so as to prevent the Defendant from leaving into action even if the Defendant refused to move.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Investigation report (related to CCTV images of the IMoel);

1. The police statement of the defendant and the chief of the accusation;

1. Revocation of a complaint;

1. The Defendant and the defense counsel attached to the DV asserts that the Defendant was actually forced to commit indecent acts by compulsion from B, and that the Defendant was sexually abused, and thus, the Defendant did not report false facts.

B, however, around 23:00 on February 14, 2018, the Defendant and the investigative agency attempted to drink and drink up to 3:00, but the Defendant and the third level of drinking, and the singing room closed so that singing the door sing and drinking respectively, and the amount of drinking at the place where the Defendant and the investigation agency drinking alcohol, and the amount of drinking alcohol.

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