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Reasons
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(영문) 서울중앙지방법원 2017.01.11 2016고단8228
무고
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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

around 23:59 on November 20, 2015, the Defendant reported that “the Defendant was raped at home” in 112 through his male-gu in the domicile of the Defendant located in Gangnam-gu Seoul Metropolitan Government D on November 20, 2015, and that “F, a police officer affiliated with the victim E in the Songpa-gu Seoul National Police Hospital victim E in the video recording room around 02:20 on November 21, 2015, shall be deemed to have completed A self-owned trees before our house on November 20, 2015.

That said, the Plaintiff stated that he was rapeed by putting his fingers into the house, putting them into the bedroom of the second floor, putting them out of his clothes, putting them out of, and putting them out, as he gets off, and holding them out, with his fingers cross, preventing him from resisting, and committing rape.

However, on November 20, 2015, the Defendant was only sexual intercourses under the agreement with G in the above residence of the Defendant at around 23:30 on November 20, 2015, and G did not commit rape.

Nevertheless, the Defendant reported false facts to public offices for the purpose of having G receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of G to the prosecution;

1. Statement made by the police with H;

1. Investigation reports (Investigation of the residence of victims);

1. Application of CCTV photographs and photographs of stairs inside Defendant house;

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to mitigate confessions;

1. It is so decided as per Disposition for more than Article 62(1) of the Criminal Act (i.e., that the Defendant appears to be the primary offender, and that he appears to be against his will).

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