(영문) 부산지방법원 2016.02.05 2015노1841 | 리걸엔진

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(영문) 부산지방법원 2016.02.05 2015노1841

무고

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Inasmuch as the Defendant’s assertion of misunderstanding of facts was not false for having been subjected to forced indecent conduct or rape from E, the crime of false accusation is not established against the charge of forced indecent conduct or rape.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous as affecting the conclusion of the judgment.

2) The sentence sentenced by the lower court to the Defendant (one year of imprisonment with prison labor, two years of suspended execution, and two hundred and forty hours of community service order) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Determination

A. In light of the following circumstances revealed by the evidence duly adopted and investigated by the lower court, it is reasonable to view that the content of the Defendant’s complaint to the effect that the Defendant was forced to rape, forced indecent act, sexual intercourse, and coercion from E during the period from October 24, 2013 to December 2, 2013 is false, and that the Defendant’s criminal intent was also acknowledged for the purpose of having the Defendant be subject to criminal punishment, even if he/she was aware of such fact.

Therefore, the defendant's assertion of facts is without merit.

(1) A travel agency operated by E is employed by E.

J appeared in the lower court and the lower court court, and the lower court stated that “The Defendant expressed to the lower court that “E is good,” and that “I am locked.”

Defendant stated that “The first time he was aware of the abnormal person E, and there was a satisfy in his own test.”

The Chinese business trip is consistently stated that the Defendant and E are aware of the cross-party under the agreement, and in light of the attitude and content of the J’s statement, it is deemed that such a statement is highly reliable.

② The Defendant refers to the business trip to China on November 30, 2013, at night on the first day.

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