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(영문) 부산지방법원 2019.01.14 2018고단2414

무고

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On April 1, 2016, the Defendant: (a) was a person operating “C dan” in Busan; (b) was regulated by a violation of facility standards and a failure to report a change in the area of business on May 25, 2017; and (c) was sentenced to a fine of KRW 3 million for violating the Food Sanitation Act on May 25, 2017; and (d) on November 30, 2017, the Defendant appealed by the Busan District Court Decision 2017No2142, the Defendant appeared as a witness and testified on the details of the crackdown and the Defendant’s violation of the Food Sanitation Act; and (c) was dismissed on December 21, 2017.

On December 27, 2017, at the Busan District Court's waiting room located in the Busan District Court, the Defendant prepared a complaint stating that "D, who is a public official of the E Office, was present as a witness of the trial on the violation of the Food Sanitation Act, and puts down the control even though he did not control the C dan on April 1, 2016, and C dan did not violate facility standards or expand the operating area, and made a false statement that he was using a place of business exceeding the permitted area, such as additional installation of seven guest rooms in the corridor form, and thus punished for perjury." On the same day, the Defendant submitted the complaint complaint to the public prosecutor's petition office of the Busan District Public Prosecutor's office located in the Busan District Public Prosecutor's Office as the former court.

Accordingly, the defendant, with the aim of being subject to criminal punishment, brought D without prison labor.

Summary of Evidence

1. Each legal statement of witness D and F;

1. A complaint;

1. Business report (number 20);

1. The court decision (which has credibility in light of the consistency, degree of mutual consistency, degree of testimony attitude, etc. of the above witnesses, and there is no incentive for the said witnesses to give perjury to the said witnesses, or to enter false dates or the fact of detection in the relevant detection report, which is an official document, in a false manner. According to the above evidence, according to the above evidence, the facts charged in this case are fully recognized) shall be applied to the law.

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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