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(영문) 서울서부지방법원 2017.12.08 2017고단46
무고
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Around 01:00 on February 16, 2016, the summary of the facts charged: (a) the Defendant told the Defendant’s male-friendly group D before the Defendant’s home located in Seodaemun-gu Seoul, Seoul, to the effect that “D attempted to commit sexual assault at the EM” was raped by the reporter-friendly group (E); (b) the Defendant made a 112 report on the content; and (c) around the same day, around 02:30 on the same day, the Defendant made a false statement to the Defendant F at the Seoul Local Police Agency Women’s Juvenile and Women’s Protection Center located in Mapo-gu Seoul, Mapo-gu, Seoul, Seoul, to the effect that “The Defendant was forced from the 202 mother’s room located in Seodaemun-gu Seoul, Seoul, to use Eki from around 0:10 on February 16, 2016 to punish the Defendant.”

However, in fact, the defendant and E were naturally keyed by each other, and E was forced against the defendant's will.

In this respect, the defendant made a false accusation against E for the purpose of having the criminal punishment imposed.

2. Determination

A. In light of the following facts and circumstances acknowledged by the evidence adopted and examined by this court, the evidence alone presented by the prosecutor is insufficient to readily conclude that the fact reported by the Defendant goes against the objective truth, namely, the fact that E had been forced against the Defendant’s will.

1) The Defendant made a relatively consistent statement from the investigative agency to this court to the purport that “The Defendant, at the guest room described in this facts charged, sought to have a compulsory dancing with the Defendant, and had a real dancing with the Defendant.” In particular, immediately after the instant case, the Defendant tried to dance the Defendant at the police station’s statement on February 16, 2016, “E”.

The statements are made only as ‘the suspect E at the time’ and there is no exaggeration of the statements made by the investigator (referring to the investigator E at the time.

(1) A statement may constitute violence or intimidation against a person who made the statement.

In regard to the question “,” the Defendant is “.”

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