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(영문) 서울중앙지방법원 2018.01.24 2017고정1893

무고

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On December 2, 2016, the Defendant prepared a false complaint using a computer for the purpose of having C be subject to criminal punishment in a non-permanent area located in the early police station located in the early police station.

The accusation statement states that "A intentionally approaches A and then an artist is allowed to lend the test money to reimburse expenses, etc. for sexual surgery, and he/she is granted KRW 500,000 from A on April 15, 2008 and received KRW 18,110,000 in total from March 19, 2008 to May 22, 2008 as expenses for sexual surgery, etc.", and the fact that "the defendant is expected to create an artist to C.

At around March 8, 2008, at the same time, C voluntarily paid sex surgery expenses, etc., and B paid for sex surgery expenses, etc. prior to the payment of sex punishment expenses, etc., and C also made up for the following reasons: (a) around March 8, 2008, C was not responsible for sex surgery expenses, etc.

Nevertheless, on December 20, 2016, the defendant submitted a written complaint to a police officer who is unable to know his name in the Seoul Gangnam Police Station General civil petition office.

Accordingly, the defendant submitted a false complaint to C for the purpose of criminal punishment.

Summary of Evidence

1. The legal statement of the witness C;

1. Statement made by the police against the defendant;

1. A protocol concerning the interrogation of suspect C by the police;

1. A complaint, a co-operation receipt, a side therapy receipt, a medical treatment certificate, and a remittance statement;

1. Application of the written oath law

1. Article 156 (1) of the Criminal Act applicable to the relevant criminal facts and Article 156 (Selection of Penalty) of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;