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(영문) 서울북부지방법원 2016.05.26 2016고단1152

무고

Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the execution of imprisonment for a period of two years shall be postponed from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant had an internal relationship.

Around 10:00 on December 11, 2015, while arranging the relationship with C (e.g., 52 years of age) and conducting various civil criminal proceedings on the grounds of the return of money paid to C, etc., there was a dispute with C in the elevator of a court in the course of returning to the Republic of Korea around 10:30 on the same day after completing the civil conciliation in relation to the lawsuit for litigation costs filed by C in the Seoul Northern District Court 705, Dobong-gu, Seoul Northern District Court 749, Maro, Dobong-gu, Seoul, Seoul, 749.

At this time, C suffered an injury by assaulting C, i.e., taking the Defendant’s clothes retail end, on the fluor of the Defendant’s clothes

I tried to argue.

Around December 14, 2015, the Defendant: (a) prepared a written complaint stating that “A person who, after completing civil conciliation at the Seoul Northern District Court on December 11, 2015, was subject to violence and intimidation, who was 2 cautioned by C while getting out of the elevator and getting out of the elevator, and was punished by assault and intimidation; and (b) submitted it to the investigator in charge of the Seoul Northern District Public Prosecutor’s Office’s Office at the Seoul Northern District Public Prosecutor’s Office at the Dobong-gu Seoul Northern District Public Prosecutor’s Office at the Dobong-gu Seoul Central Public Prosecutor’s Office at the Dobong-gu Seoul Central Public Prosecutor’s Office at the end of December 14, 2015; and (c) continuously submitted it to the investigator in charge of the Seoul Northern District Public Prosecutor’s Office at the Dongdaemun-gu Seoul High Public Prosecutor’s Office at around 21-Do, Dongdaemun-gu, Seoul High Public Prosecutor’s Office at around 15, 2015.”

As a result, the defendant made a false accusation for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each entry into the complaint book, diagnosis book, the police statement protocol to the defendant, and the prosecutor's statement protocol;

1. Entry of the protocol concerning suspect interrogation of the police against C, or entry of the protocol concerning D to the prosecution;

1. Application of statutes governing video recording CDs’ images, 112 reported case processing;

1. The relevant Article of the Criminal Act concerning the crime;

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