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(영문) 서울남부지방법원 2012.11.13 2012고정876

무고등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On June 22, 2011, at around 15:15, the injured Defendant: (a) took a serious part in the victim E (the age of 53) who is a neighboring resident that is not good for the peace of the family in Yangcheon-gu Seoul, Yangcheon-gu, Seoul; (b) took a bath to the victim, such as “the victim’s influence,” and (c) took care of the victim’s chest with his hand for about 14 days.

2. When it is anticipated that the Defendant would be punished for the crime as described in the above paragraph 1, the Defendant stated that he was assaulted to the above E, and that he was guilty of false reporting, and that he was seated on the floor at the date, time, and place mentioned in the above paragraph 1, and that he “E was pushed down” to the police officer F who was dispatched after receiving 112 report.

On June 22, 2011, the Defendant continued to make a statement to the effect that “E received her head, received her chest on one occasion, and subsequently sought punishment against E,” while undergoing an investigation from a slope G, a police officer in charge at the Seoul Yangyang Police Station located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, Seoul. 321.

However, the facts are that the defendant unilaterally assaulted E, and E did not have received the defendant due to her head, and the defendant was standing on the floor.

Accordingly, the Defendant reported false facts to public offices for the purpose of having the above E receive criminal punishment.

Summary of Evidence

1. Each legal statement of witness E, H, I, and J;

1. Statement made by K witnesses in the second trial records;

1. A protocol of examination of part of the defendant by prosecution;

1. Part of the first police suspect interrogation protocol against the accused (including substitute part);

1. Each police statement to E and K;

1. On-site reports on violence incidents;

1. Investigation reports (related to investigation into telephone conversations between persons with a shooting range and the other party);

1. A criminal investigation report (record recording of a statement by the Twitness J);

1. Investigation report (the contents of telephone conversations with police officers visiting the scene);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257 of the Criminal Act applicable to the crime and the choice of punishment.

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