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(영문) 서울북부지방법원 2014.05.22 2013고단1516

무고

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 3, 2013, the Defendant submitted a written complaint to the public service center of the Seoul Gangseo-gu Seoul Northern Police Station civil defense center located in Gangnam-gu Seoul Metropolitan Government on May 3, 2013, that “The former Da, a fraud, demanded the cleaning of toilets around 11:00 on April 23, 2013, who was punished as being 4 weeks due to drinking and launching, who was in need of four weeks of injury to the Defendant.” In other words, on April 23, 2013, the Defendant stated to the effect that “The former Da, a fraud who was in the Dong, was released from the house located in Gangnam-gu Seoul Metropolitan Government, to take the Defendant from drinking and sussus at around 1:00 on April 23, 2013, and again, Da was subject to criminal punishment because it was about 44 weeks of walking the Defendant’s side by walking it.”

However, in fact, the above C was out of Korea to receive treatment of F, the mother of the Seoul E Hospital from around 09:00 on April 23, 2013 to around 13:50 on the same day, and there was no record that caused the Defendant to walk at the above house at around 11:00 on the same day. Rather, at around 14:00 on the same day, there was no fact that the Defendant, at around 14:00 on the same day, destroyed the inside house of the above house and caused the loss of the house, thereby causing damage to the f, even if the police officer was dispatched to the site, and on the same day, there was no fact that he was arrested in a flagrant act by asking G and G, the husband of the above F’s wife, who was his wife, and G, who was the husband of G, who was the father of the said house.

Nevertheless, the Defendant filed a complaint against C with the aforementioned false facts for the purpose of having C be subject to criminal punishment with respect to respect to respect to religion.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness C and H;

1. Application of Acts and subordinate statutes to a complaint, a written diagnosis of injury, and an investigation report (report on the verification of the location of a suspect C monetary base station);

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The suspended sentence of Article 62(1) of the Criminal Act does not have any criminal record before the aggravation of the relationship with the victims of the reasons for the sentencing, the elderly, and the victims who were their families.