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(영문) 부산지방법원 2014.05.15 2013고단9468

무고

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 1, 2008, the Defendant was sentenced to a suspended sentence of three years for a term of imprisonment with prison labor for special robbery at the Ulsan District Court for the same month.

9. Although it became final and conclusive, the sentence of the above suspended sentence was revoked on September 16, 2009, which was detained due to fraud, etc. on the 23th of the same month. On October 9, 2009, the Ulsan District Court sentenced ten months in a short and six-month punishment due to fraud, etc., and completed the execution of the above sentence on April 29, 2012. On May 3, 2013, the Ulsan District Court sentenced seven years in imprisonment with prison labor due to robbery, injury, etc. and is currently being executed.

On November 15, 2013, the Defendant filed a complaint with the head of the Busan Prison on charges of neglecting his/her duties, and made a statement as the complainant at the Busan District Prosecutors' Office 530 on November 27, 2013. However, there was no abusive or verbal abuse from the prosecutor C and the Prosecutor D who participated in the investigation of the Defendant at the time.

Nevertheless, although the defendant requested the above C to prosecute the head of the Busan Correctional Institution, he heard the phrase "it is possible to prosecute the facts of the complaint only when there is any material proving the facts of the complaint" without hearing the answer, and he thought C to the effect that C had the above C punished for the purpose of being subject to criminal punishment due to insult or verbal abuse against those polled, etc., and C expressed a desire for the defendant.

On December 2, 2013, the Defendant prepared a false complaint with the purport that “I wished from the prosecutor of the Busan District Prosecutors’ Office 530 on November 27, 2013, around 9:30 a.m. on November 27, 2013, at the Busan Busan 1, 1028 Busan YY 10,17, and at the Busan YY 1028 Busan YY, and at the convenience, I submitted it by mail to the Busan District Prosecutors’ Office immediately.

Then, on December 19, 2013, the defendant made a complainant's statement at the prosecutor's office of Busan District Prosecutors' Office (520) on December 19, 2013.