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(영문) 춘천지방법원 2014.12.17 2014노257
무고
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual errors and misapprehension of legal principles) and the Defendant C, the Defendant, were in an influence relation from around the summer in 201, and maintained a close relationship even after the Defendant asserted that he had been forced to commit indecent act by compulsion. In light of the fact that the Defendant demanded C to demand a mutual agreement on the grounds of the instant false accusation and made intimidation, and even when the Defendant threatened C, the Defendant did not commit the crime of indecent act by compulsion, the Defendant filed a complaint as if he had committed the crime of indecent act by compulsion by compulsion by compulsion by force. However, the lower court erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment, even though the Defendant did not establish the crime of indecent act by force, and thus, did not constitute the crime of indecent act by force.

2. Determination

A. A. Around June 25, 2013, the summary of the facts charged in the instant case: (a) at the Taesung-dong Scam Police Team of the Taesung-dong, the Defendant prepared a complaint stating that “A was going to a private teaching institute operated by C to use a computer prior to any month; (b) he/she took sparing around his/her own rear, and was forced to commit indecent acts by force, such as listening to the words “I am slick,” and (c) was investigated by the complainant at the investigation and statement recording room of the Taecheon Police Station on the same day; and (d) on the same day, the Defendant made a statement to the effect that C “I am to have printed printed printed matter using a computer on the second floor of the private teaching institute operated by C at around 18:30, 2013; and (d) C am slickly slickly and knickly slickly, and forced him/her to do so.”

However, in fact, the defendant had a sexual intercourse with C, and C did not have committed indecent acts by force, such as drinking the defendant's chest or kis.

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