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(영문) 광주지방법원 2020.09.03 2020고정538
무고
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 2019, the Defendant: (a) had taught with B at once; (b) had been able to see that she was dangerous to his/her his/her father’s father at his/her house; and (c) had been aware that she did not receive his/her phone, and he/she did not have his/her phone so that B was aware that she was frighted to her husband, and that B was frighted to have his/her mother, and that he/she should be subject to criminal punishment by filing a false complaint with she with her.

On August 27, 2019, the Defendant submitted a written complaint to the police officer, which was prepared by the Seongbuk-gu Police Station in the Jeonsung (Seoul), the complainant “A” and the Defendant (B) “C” (hereinafter “B”), to the police officer.

그 고소장은 ‘B이 2015. 9.경 미지급한 들깨 밭일 품삯을 지급할 것처럼 피고인을 자신의 주거지로 유인한 다음, 피고인의 손을 잡고 방바닥에 엎어쳐 움직이지 못하게 한 후 강제로 옷을 벗기고 1회 강간을 하였다’는 취지의 내용이었다.

However, the facts were only sexual intercourses under the agreement with B, and there was no sexual intercourse by assault and intimidation from B.

Accordingly, the Defendant submitted a false complaint to B for the purpose of having the criminal punishment imposed upon B.

Summary of Evidence

1. Application of Acts and subordinate statutes to the investigation report of suspect interrogation protocol B on the defendant's court statement B (a declaration of withdrawal of a complaint A), investigation report (a statement of withdrawal of a complaint) (a statement of withdrawal of a complaint) to appraisal

1. Article 156 of the Criminal Act and Article 156 of the same Act concerning criminal facts and the choice of fines;

1. Articles 157, 153, and 55 (1) 6 of the Criminal Act for statutory mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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