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(영문) 수원지방법원 2013.07.04 2013노1303
무고
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant filed a complaint against rape from the defendant D was not false, the court below convicted the defendant. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The Prosecutor’s sentence (six months of imprisonment) is too unhued and unreasonable.

2. On February 6, 2012, the Defendant prepared a false complaint with respect to D using a tamping pen for the purpose of having D obtain criminal punishment from the Suwon Police Station in Suwon-gu, Suwon-si, Suwon-si, 873-4, the Suwon-si, with the aim of having D obtain criminal punishment.

A written complaint states that "A defendant defendant D, around 06:30 on February 2, 2012, he/she forced the defendant to attract him/her to the Felel located in Suwon-gu, Suwon-si, Suwon-si, and punished him/her for sexual assault." On February 8, 2012, the defendant made a statement that "On February 2, 2012, 200, he/she was subject to the investigation of the complainant's statement from the above criminal office and office to G on the charge of him/her, he/she forced him/her to leave his/her bed on the bed, put him/her down his/her clothes, prevented him/her from leaving his/her bed on the bed, and raped on four occasions without returning him/her until he/she took off his/her bed."

However, the fact that D had a sexual intercourse with the Defendant, however, there was no fact that: (a) the Defendant was forced to enter the her motherel, or into the her part by force, and there was no rape by suppressing the Defendant’s resistance; and (b) there was no fact that the Defendant took a Handphone of the Defendant.

Nevertheless, the defendant submitted a written accusation to the police officer in charge of the above Suwon Police Station in the charge of the above Suwon Police Station, and submitted the written accusation to G police officer with his statement made by the complainant.

3. The judgment of the court below is that D defends itself against the suspected charge by means of not making any statement as much as possible when D was accused of the complaint.

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