logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.11.22 2017고단2174
무고
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 1, 2016, the Defendant assaulted to have sexual intercourse with E (n, 34 years of age) and E (i.e., “G” restaurant located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, with the intent of drinking alcohol in a cafeteria, and (ii) having sexual intercourse with E (i.e., drinking and hot body) leading to the her mother and resistance, and attempted to commit rape with E (i.e., committing rape) in order to suppress E (i., drinking and drinking in the vicinity).

The E's severe resistances led to the attempted attempt.

Accordingly, when the investigation agency reported the defendant as the crime of rape to the investigation agency on the same day, and the investigation into the defendant was conducted, the defendant had a mind to dismiss the E in order to make his/her criminal liability be mitigated by pressure, inducing the agreement, etc.

Around October 11, 2016, the Defendant: (a) at the office of a mutual unsound certified judicial scrivener in Eunpyeong-gu, Seoul; (b) without being subject to forced indecent act or assault by E; and (c) instead, the Defendant inflicted an injury upon E by assaulting to rape, the Defendant: (a) prepared a written complaint stating that “E, around October 1, 2016, commits an indecent act against the complainant’s will, such as the face of the complainant (Defendant) and the taking charge of buckbucks, and submitted the written complaint to the Seoul Metropolitan Public Service Station around October 12, 2016, on the same day, the Defendant committed an indecent act against the complainant’s will; and (b) when the complainant’s face, etc. who intends to return home and return home from the her mother in the vicinity of the new wall without any justifiable reason.” (c) submitted the written complaint to the public service center in Seoul Special Metropolitan City on the same day.

Accordingly, the defendant made a false accusation against E for the purpose of having a criminal punishment imposed upon E.

Summary of Evidence

1. Legal statement of witness E;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the interrogation of suspects of E;

1. Copy of each police statement made by the defendant, H and I;

1. A copy of the complaint, a copy of the medical certificate, and the standing photograph;

1. Investigation report (to attach CCTV records inside the telecom and to verify the contents of video images), investigation report (a copy of the indictment in the case of rape injury against the defendant), and investigation report (a copy of the indictment in the case of rape)

arrow