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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
around 22:00 on June 15, 2017, the Defendant was raped from C at the Yangcheon Police Station located in Yangcheon-dong, Yangcheon-gu, Seoul, Yangcheon-gu. 99.
“After receiving counseling to the effect that the case was transferred from the Yangcheon Police Station around 14:10 on June 19, 2017, it was present at the women’s police station located in Sejong-ro 50 on the Sejong-si 1,000, and re-Raped from C.
“The statement was made to the effect that “........”
However, in fact, the Defendant only has a sexual relationship under mutual agreement between C and C on June 15, 2017, which was known through the Internet hosting site called “galls 5678” and C’s residential area located in Sju City D around 16:00.
There was no rape from C.
Accordingly, the Defendant had C without criminal punishment (in light of the gender relationship between the Defendant and C and the contents of conversations exchanged thereafter, it can be sufficiently recognized that the statement that the Defendant was raped by C is false).
1. Partial statement of the defendant;
1. The legal statement of the witness C;
1. Statement made by the police against the defendant;
1. Recording records;
1. Application of statutes on the details of Kakao Stockholm text messages
1. The reason for sentencing under Article 156 of the relevant Act and Article 156 of the Criminal Act regarding criminal facts [the scope of recommendations] No person who has no basic area (6 to 2 years) [the person subject to special sentencing] [the decision of sentencing] 8 months of imprisonment [the court below] (the court below held that the defendant had no record of punishment heavier than that of the same kind of crime and fine, and that the defendant has obstructed the fair exercise of the State's penal authority as well as the abuse of governmental authority, and that the defendant caused considerable pain to the victim, and that the defendant has no record of punishment heavier than that of the same crime and fine, and that there has been no record of punishment heavier than that of the same crime]