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(영문) 인천지방법원 2011. 9. 6. 선고 2011고단3204 판결
[무고·강제추행·폭행][미간행]
Escopics

Defendant

Prosecutor

Freeboard Kim

Defense Counsel

Attorney Choi Jong-chul (Korean)

Text

A defendant shall be punished by imprisonment for one year.

Criminal facts

Defendant is a person who works (the content of a prosecuted fact shall be corrected appropriately).

1. Points of indecent acts by compulsion and violence;

On December 1, 2010, at around 23:40, the Defendant: (a) returned home to ○○○○○○○○○○○○○, a lodging house, drinking alcohol; (b) discovered Nonindicted 1 of the victim who was on the way; and (c) her son, her son, her son, her son, her son, her son, her son, her son, her son, her son, her son, her son while her son was her, and her son her son while she was her, she was her her part of the victim’s her face with his her her son while she she was her, and she was her her head sculing with her head her hair.

Accordingly, the defendant forced the victim to commit an indecent act and assault.

2. Anless point;

On December 2, 2010, around 00:10 on December 2, 2010, the Defendant reported 112 of the above facts to Nonindicted Party 1, once escaped, and had the Incheon Southern Southern Police Station located in the Nam-gu Incheon, Incheon, to be aware of one’s criminal act, and took the front of the face while engaging in make.

At this time, the police officer asked the defendant whether he will be a sublime, and the defendant made a statement to the police officer that he was called Non-Indicted 1, and the police officer called Non-Indicted 1 to the sublime, and made him knife with his drinking, and then filed an oral complaint against Non-Indicted 2 on December 2, 2010 to the police officer in charge, who was investigated as a victim, in the sublim group around 03:0 on December 2, 2010, and was investigated as a victim.

On December 1, 2010, at the “△△△△△△△△△△△” office located in the Nam-gu Incheon Metropolitan Council of People, Nam-gu, Incheon, for the first time, Nonindicted Party 1 called “on the basis of Non-Party 1’s combination with the above Non-Party 1, and Non-Party 1 “on the basis of the correction that there is no time to demand the money later)” and “on the basis of whether he should issue money?” The complaint was punished as “on the other hand, she will dwarfe the front of his face (at one time, she would have been faced with a beer disease).”

However, in fact, Nonindicted Party 1 was committed by indecent acts by compulsion against the Defendant, and there was no enemy who inflicted an injury upon the Defendant at the time of such indecent acts.

Accordingly, the defendant reported false facts to the non-indicted 1 for the purpose of having them punished.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness Nonindicted 1 and 3

1. Statement of the protocol of interrogation of Nonindicted 1 prepared as prosecutor acting on behalf of the prosecutor

1. Statement of the interrogation protocol of Nonindicted 1 prepared by the judicial police assistant (including Nonindicted 4 phone statement section)

1. Each statement of the defendant and the non-indicted 1 written statement prepared by the judicial police assistant;

1. Each description of a report on the occurrence of a crime, an investigation report (○○○○○○), an investigation report (Defendant dental records), an investigation report (the head of △△△△△△△△), and an investigation report (the head of △△△△△△△△△△△△△), respectively;

1. Each statement of the fact-finding inquiry reply, inquiry inquiry reply (112 reported case handling reply), and inquiry inquiry reply (insurance benefits details);

1. Each entry in medical records attached to an investigation report;

1. Videos of Non-Indicted 1’s headala photograph

Application of Statutes

1. Article applicable to criminal facts;

The point of indecent act by compulsion: Criminal Code 298

The point of assault: Criminal Code 260(1)

Article 156 of the Criminal Act

1. Selection of punishment;

Each Imprisonment Selection

1. Aggravation for concurrent crimes;

The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 (Concurrent Punishment and Aggravation of Crimes)

Reasons for sentencing

The punishment as ordered shall be determined by comprehensively taking into account the various sentencing factors revealed in the instant case, such as the background leading up to the instant crime, specific methods of committing the instant crime, the circumstances after the instant crime, the degree of damage, the victim’s intent, the details of the reported fact, whether serious damage results, the degree of reflectivity, the sentencing guidelines for sexual crimes (indecent act by compulsion) and the intangible crime, the defendant’s occupation, family, transfer relation, etc.

Judgment on the Issues

In light of the above evidence, the statement made by Nonindicted 1 and 3, which is a major evidence, in the court or investigation agency, is reliable because its contents are not inconsistent with the surrounding conditions and does not go against the surrounding conditions, and Nonindicted 1 cannot find any motive for the Defendant to be punished (on the contrary, the Defendant’s appeal is changed without consistency from time to time). The Defendant’s appeal is changed without consistency, and even if it is considered that the Defendant was drinking to Nonindicted 1 of the physical attack, it does not fit the above evidence, records, and trial procedures, and all circumstances revealed in the judgment. In full view of all circumstances, the facts constituting the crime can be acknowledged.

Judges Kim Jong-il

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