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(영문) 춘천지방법원 영월지원 2014.07.11 2014고단131

무고

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 3, 2013, the Defendant was sentenced to a suspended sentence of one year in the Seoul Central District Court for a crime of perjury, and the judgment became final and conclusive on November 14, 2013.

On August 8, 2012, the Defendant prepared a false complaint on D using a computer at the office of the Defendant located in Gangnam-gu Seoul, Gangnam-gu, Seoul.

The head of the complaint, "A, who is the defendant's complaint, submitted a false statement of the fact that A would be punished as a crime of perjury to E, for the purpose of criminal punishment of A, and that "A, who is the defendant's complaint, assisted A to E in the Seoul Central Public Prosecutor's Office, and caused E to perjury in the civil litigation for the Cheongju District Court's Cheongju District Court's Incheon Branch on April 7, 2010, and submitted a false statement of the fact that A would be punished as a crime of perjury." The above statement of complaint was that the defendant instigated E to perjury in the civil litigation

Nevertheless, around August 3, 2012, the defendant submitted a false complaint to the public service center of the Seoul Central District Public Prosecutor's Office located in 158 as the distribution of Seocho-gu Seoul Metropolitan Government.

Accordingly, the defendant was dismissed for the purpose of having D be subject to criminal punishment.

Summary of Evidence

1. The defendant's partial statement (the purport that the criminal defendant has submitted a written criminal complaint containing the same contents as the market entry);

1. E prosecutorial statement;

1. A criminal complaint prepared by the defendant;

1. Each judgment and protocol of examination of witness;

1. Prior to the ruling: Criminal records, the defendant's judgment, and his/her defense counsel asserted that the defendant did not report false facts because he/she had instigated the defendant to E, but in light of the circumstances and results of the relevant civil and criminal cases, there are no special circumstances to deem it difficult to adopt the facts acknowledged in the relevant criminal case which became final in the E's statement in the process as it is, it is deemed that the defendant has instigated E to do so, and therefore, it is the same as