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(영문) 대구지방법원포항지원 2020.09.02 2020고단178
무고
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who operates C points in B of the port north-gu.

At around 08:53 on October 13, 2019, the Defendant decided to engage in a 150,000 won of a customer D and 1.50,000 won as a customer, but the Defendant made an additional payment of KRW 2.50,00,000 by advertising that the Defendant had a D’s card. From around 09:03 on the same day to 09:20 on the same day, the Defendant had sexual intercourse under an agreement with D.

After the sex relationship, D calls for additional settlement of KRW 250,00,000, and 112 reporting defects in the drinking price problem, and false reporting that “D was raped from D” was made.

Around 09:27 on the same day, the Defendant reported that he was raped from D” to a police officer dispatched to the above Cju, and stated that the F Center located in south-gu E at port at port at around 13:15 on the same day, the Defendant made a supplementary statement on the above reported matters, and that the police officer in charge was forced to engage in sexual intercourse after having pushed the D’s body and pressure both arms.

However, there was no fact that the defendant had sexual intercourse under the agreement with D and was raped by D.

Accordingly, the defendant reported false facts to the public officials for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Each police suspect interrogation protocol regarding D;

1. The prosecutor's statement against the defendant;

1. Each police statement of the defendant;

1. A copy of a letter of arrest of a flagrant offender, a business report photograph, a 112 reported case processing list, a list of material evidence of sexual assault, a cream list, an internal photograph of the main office, receipts, CCTV inside the main office, recording records, a copy of each CCTV-cap photograph, a summary order, a copy of each summary order, and a non-prosecution decision;

1. Application of each investigation report (not later than No. 12) statute

1. Relevant laws concerning criminal facts, Article 156 of the Criminal Act selection of punishment, and the choice of imprisonment;

1. Articles 157, 153 and 55 (1) 3 of the Criminal Act for mitigation of confessions;

1. The sentencing of Article 62(1) of the Criminal Act is suspended.

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