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(영문) 울산지방법원 2016.10.13 2016고단2688
무고
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

While the Defendant continued to have a marital relationship with C on May 4, 1996, the Defendant filed a divorce lawsuit against C on November 18, 2015 due to domestic violence, etc. by C, and C also filed a divorce lawsuit against the Defendant on December 24, 2015, and filed a claim for damages arising from tort against D on the ground of unlawful act, etc. with C, and each of the aforementioned lawsuits continued.

1. On September 28, 2015, the Defendant and D were suspected of inhumane relationship, and the proviso was pursued on September 21, 2015, and the Defendant discovered that the Defendant’s sexual intercourse in the car operated by the Defendant entered and listened to the conversations in an indefinite manner, and conducted the investigation.

Around September 26, 2015, at the defendant's house located in Ulsan-gu E, Ulsan-gu, based on the above monetary content, the Defendant made a false statement to the effect that C was subject to sexual assault three times from D in order to avoid this, with a view to evading D's in mind.

Accordingly, the defendant was recommended from C to file a complaint against D, etc. with the Ulsan Sea Women's Child Center in his/her job, and on September 28, 2015, the defendant found D with C to the G Hospital's 8th floor in Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul-gu, Seoul-do, and sought D with C at the end of July 2015, 2015.

8. A person who commits an indecent act, such as coercioning a police officer by force, etc. (the first damage), was raped on August 2015 (the second damage) and from September 21, 2015 to a police officer (the second damage) and from September 21, 2015;

9. Until December 23, 200, rape was committed.

(Third Damage) made a false statement to the effect that ‘the third damage' was made.

However, there was no fact that the defendant was forced by D to commit an indecent act or rape.

Nevertheless, the Defendant made a false statement to H on sexual assault damage and the police officer in the above center.

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