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(영문) 수원지방법원 2021.01.14 2020고단6463

무고

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who has been in office from January 1, 2018 to January 1, 201.

On October 18, 2019, the Defendant prepared a written petition against D with the aim of having C’s father D, the former wife of the Defendant, at the public service center of the Seongbuk-gu branch office of the Seongbuk-gu Employment and Labor Office of the 146-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seoul, to be punished for the delayed payment of wages.

In the petition, from May 1, 2018 to December 30, 2018, the defendant worked in F “F” operated by D located in Gyeonggi-si, Gwangju-si, but failed to prepare a labor contract and failed to receive wages.

was written.

However, the Defendant did not have been employed by D’s “F”.

Nevertheless, around October 18, 2019, the defendant filed a petition prepared as above with the public service offices of the Sung-nam branch office of the Sung-nam branch office of the above Jung-gu branch office of the Labor Administration.

In this respect, the defendant made D's accusation for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A copy of the petition;

1. Application of the Acts and subordinate statutes governing the complaint;

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. Articles 157, 153, and 55 (1) 3 of the Criminal Act to voluntarily surrenders and to mitigate confession;

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

1. The crime without reason for sentencing under Article 334(1) of the Criminal Procedure Act is a serious crime that interferes with the appropriate exercise of the State’s criminal justice power and infringes on the legal stability of a person under consideration.

However, in full view of the facts that the defendant recognized the crime of this case and reflects his mistake, that the case without accusation is terminated by the withdrawal of the defendant, and that the defendant does not reach a criminal trial, and all kinds of sentencing shown in the records of this case, such as the defendant's age, occupation, sex, sex, family relationship, and circumstances before and after the crime, etc., the punishment as ordered shall be determined.