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(영문) 대구지방법원 서부지원 2016.05.19 2015고단2083
무고
Text

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 becomes final and conclusive.

Reasons

Punishment of the crime

On May 2012, the Defendant met the victim C through the marriage counseling center on May 2012, and had a de facto marital relationship between C and C from June of the year.

In fact, around May 10, 2013, there was only a regular fact by mutual agreement with C in the residence of the defendant in Daegu-gu, Daegu-gu, and C did not have a sexual relationship with C by force after assaulting or threatening the defendant.

Nevertheless, on March 2014, the Defendant: “C around April 20, 2013, on April 2013, 2013, by threatening the Defendant, by taking in his/her hand, and forced sexual assault after being able to kill him/her.

5.9. Around 199, a tape recorder was brought to the same action and sexual assault was committed.

"A false complaint was prepared, and around that time, the Seongbuk Police Station in the 259-gilh 15, as the Seogu-gu, Daegu-gu, submitted a false complaint to the police officer on his name.

Since then, on March 8, 2014, the Defendant, at the Daegu Women and School Violence Victims Support Center of 157, Daegu-ro, Seogu, Daegu-ro, 157, threatened the Defendant with debt at the Defendant’s residence on May 10, 2013, and forced the Defendant to have a sexual intercourse with the Defendant, and forced him/her to have his/her debt at the end of June 2013, he/she made a false statement to the effect that he/she would be subject to criminal punishment.

Summary of Evidence

1. Statement by the defendant in court (the fifth public trial date);

1. Each legal statement of witness C and E;

1. Written complaint (No. 21 No. 1 of the evidence records);

1. Application of the police statement protocol (No. 22 No. 1) statute to the defendant

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

1. Articles 157, 153, 52 (1), and 55 (1) 3 of the Criminal Act mitigated by law;

1. Article 62(1) of the Criminal Act of the suspended execution (the attitude to make a confession of and reflect against a crime late).

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