(영문) 서울서부지방법원 2018.01.17 2016고단3818

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(영문) 서울서부지방법원 2018.01.17 2016고단3818

무고

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The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On April 6, 2016, the summary of the facts charged by the Defendant: (a) at the Eunpyeong-gu Seoul Metropolitan Government Police Station, Seoul, on the joint signature of Eunpyeong-gu, Seoul, and 365, assaulted C from (C) the new wall 4 to 6 Si on September 8, 2014 to (C) the house located in Incheon City D apartment, and led C to sexual assault.

After being injured, I have been transferred to the hospital by getting off the 119 first-aid vehicle at the Don and arriving in the house.

After preparing and submitting a written complaint, the above Seoul Special Metropolitan City: (a) was raped with Pyeongtaek Police Station E and its position F, “At that time, the Defendant U.S. M. (C) was at the time fested with tearing kimchi, walking the low head twice in the manner of drinking the franchis, walking the low head twice in the manner of drinking the franchis, putting the head head with a string, leaving the string, leaving the string, leaving the string, and leaving the string, and inserting the string on the string, and putting the string of the body into the string, and led to the injury of the author.

“At the time, the Defendant (C) was assaulted to the Defendant (C) at the time, and was in a state of 20 to 30 minutes, but did not reflect at all.

"", "I am out of the room after they cease to have a sex relationship in which they appear to be forced, making the inside of the sex to be teared, and suspending the sexual conduct.

“The fact of damage” was stated.

However, C and the Defendant had sexual intercourse under the mutual agreement, and on the same day C did not have sexual intercourse with the Defendant by force.

Nevertheless, the defendant submitted the above false accusation and made a statement of damage so that C would be subject to criminal punishment.

2. Determination

A. The crime of false accusation is established when another person reports false facts to a public office or a public official for the purpose of having a criminal or disciplinary punishment imposed upon him/her. Here, the expression of false facts is false.

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