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(영문) 수원지방법원 안산지원 2013.05.28 2013고단614
무고
Text

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

Reasons

Punishment of the crime

around August 9, 2012, the Defendant: (a) at the Suwon-si Office of the Suwon-si District Prosecutors’ Office located in 73 (Seoul-dong 711); (b) at the Suwon-si Office of the District Prosecutors’ Office, “C, around June 23, 201, has sexual intercourse under the agreement with D and the terms and conditions met; (c) however, at around June 22, 201, the Defendant threatened D with the purpose of having D subject to criminal punishment, around 18:30, Gyeonggi-si E and 203 (D), and submitted a letter of complaint stating, “C has not been reported to and has been raped by combining both descendants in a transparent tape,” and (d) submitted to D’s agent’s qualification for civil petition.

However, on December 30, 201, the defendant, who is referred to D, was sentenced to imprisonment for 8 years and 10 years for violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special Rape) in the Suwon District Court's Ansan Branch on December 30, 201, and was well aware of the fact that the sentence became final and conclusive by the Supreme Court on June 28, 2012, and the victim C's self-harm, which is the basis of accusation, paid one million won to C by the defendant, and made the defendant enter it as the defendant is.

In this way, the defendant was arrested for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Examination protocol of suspect C by the prosecution;

1. Statement by each prosecutor's office with respect to F;

1. A complaint;

1. A copy of a self-written statement (Evidence of four pages);

1. Seoul High Court Decisions 2012No214 decided, 201Da130, 169 decided and Supreme Court Decision 2012Do5184 decided April 1, 201

1. Application of Acts and subordinate statutes to each investigation report (Evidence Record 646, 664, 668, 673, 684, 742, 750, 79);

1. Relevant Article 156 of the Criminal Act and Article 156 of the Criminal Act concerning criminal facts;

1. Articles 157 and 153 of the Criminal Act for mitigation of confessions and mitigation are 16 years of age.

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