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(영문) 의정부지방법원 2015.07.10 2014고단4910
무고
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 08:00 on November 16, 2014, the Defendant drafted a false complaint with respect to C at the Gyeonggi-do Police Station located in Gyeonggi-do, Gyeonggi-do, Gyeonggi-do, Incheon-ro, 239.

The gist of the complaint is that "A defendant C, who was the defendant, was willing to die while putting the defendant's timber, was forced to be off his clothes while she was forced to do so, and the defendant was forced to be out of his clothes, and thus his sexual organ was prompt, and C was sexually raped by her body's sexual intercourse on the ground that he was said to be above," and that C did not have raped by the defendant.

Nevertheless, the defendant submitted the above complaint to the police officer who is not able to know his name at one criminal team of the above temporary police station at the Jungcheon-gu Police Station.

As a result, the defendant was arrested for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Part of the defendant's legal statement (the part on which the defendant submitted a written complaint because he/she is close from C);

1. Police suspect interrogation protocol regarding C;

1. Investigation report (related to the part part of the victim);

1. A written statement (Evidence No. 1), a written complaint (Evidence No. 2), and a written complaint (Evidence No. 2) (Evidence No. 1) (Evidence No. 3) are acknowledged that the defendant was not raped at the time in light of the above evidence and the statement in this court. However, according to the written complaint or the written complaint on the same day submitted by the defendant, the defendant is acknowledged to have been accused of sexual assault by C, which constitutes reporting false facts (in light of the defendant's attitude of pleading, the meaning of sexual assault is not vague, and therefore, even if the police officer partially assisted, the defendant's crime is not denied.

In light of the above evidence, the Defendant asserted that C did not have any intention to raise the Defendant’s timber at the time. However, according to the above evidence, C did not take the Defendant’s timber at the time.

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