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(영문) 서울남부지방법원 2017.04.13 2016고단5885

무고

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 10, 2016, the Defendant submitted a false complaint to C by mail to the Seoul Southern District Public Prosecutor's Office located in Yangcheon-gu Seoul Metropolitan Government New Month 390.

The complaint filed “The defendant C, a plaintiff, stolen the total sum of KRW 905,000,00,000, from December 2, 2012 to December 16, 2012, in total, three times in the management E, the defendant's lawsuit located in Gyeonggi-si, Nowon-gu, Gyeonggi-gu, Gyeonggi-do.

The contents or facts of “a request to punish a false report,” and the facts were that the defendant stolen the above C’s total amount of KRW 905,000 from the above multi-use room to an employee, and the above C did not have any fact that the defendant was innocent.

Nevertheless, the defendant submitted a written complaint as above, and around November 4, 2016, the defendant was investigated by the defendant F in the investigation room No. 2 of the Seoul Southern Branch of the Seoul Southern Branch of the Police Station from the defendant F in the process of the investigation room at the Guro Police Station, and stated to the same effect as the above written complaint.

In this respect, the defendant made a false accusation for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to A judgment);

1. Article 156 of the Criminal Act and the selection of fines concerning facts constituting an offense;

1. Articles 157, 153, and 55 (1) 6 of the Criminal Act to be mitigated by law;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Taking into account the following factors: (a) the Defendant did not have the same criminal record for the reason of sentencing under Article 334(1) of the Criminal Procedure Act; and (b) the Defendant reflects in depth on the instant crime;