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(영문) 서울남부지방법원 2016.09.23 2015고정2506

무고

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On April 27, 2015, the Defendant drafted a false complaint with respect to the above persons at the office of a certified judicial scrivener office in the front of the Seoul Yeongdeungpo-gu Seoul Military Police Station located in Yeongdeungpo-gu, Seoul, for the purpose of having them receive criminal punishment. The purport was that “C, D, E, F, and G assaulted the complainant, thereby causing bodily injury that requires approximately two weeks of medical treatment, and E, F, and G did not refrain from doing the above behavior in the process, and rather made verbal abuse that would rather make the complainant difficult to enter.”

On April 27, 2015, the Defendant submitted the above written complaint to the person in charge of its location at the Yeongdeungpo-gu Seoul Police Station, Yeongdeungpo-gu, Seoul, and on April 30, 2015, prepared a supplementary protocol at the office of the office of the Young-gu Seoul Police Station type of the Yeongdeungpo-gu Seoul Police Station, Seoul, and stated to the effect that “The Defendant Nonparty Nonparty was sealed by the board of directors on April 23, 2015 at the I Sejong branch office located on the seventh floor of the building in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, with the board of directors on April 23, 2015, C was the rear part of the complainant’s son’s son’s son’s son’s sonbuckbbbuck, and F was sealed with the Defendant’s son’s son’s son’s son.”

However, the facts are only true that the defendant's body and D are different, and C and F did not have any contact with the defendant.

As a result, the Defendant reported false facts, and sentenced C and F respectively.

Summary of Evidence

1. Each legal statement of witness G, F, D, and C;

1. Application of the USB Acts and subordinate statutes;

1. Relevant Article 156 of the Criminal Act concerning the facts constituting an offense, Article 156 of the Criminal Act selecting a fine, and the choice of

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Inasmuch as the alleged defendant was disputed with C, and the F appears to have had the intent to assault the defendant, the defendant's complaint is merely an exaggeration of the circumstance and does not constitute a crime of false accusation.

2. The offense of false accusation shall be punished by penal punishment against another person.