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(영문) 수원지방법원 성남지원 2013.09.30 2013고정1144

무고

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If a fine is not paid, 50,000 won shall be converted into one day.

Reasons

Punishment of the crime

On February 21, 2013, the Defendant submitted a written complaint to the public service center of the Suwon District public prosecutor’s office located in 451 according to the sansung-si, Sungnam-si, Sungnam-si, to the effect that “A” assaulted B in a commercial building in C around November 12, 2012, even though the complainant (defendant) did not assault B in a commercial building in the building C, the Defendant assaulted B, “B” and filed a false complaint without the complainant.

However, in fact, around November 12, 2012, the Defendant used assaulting B in the above C commercial building, and submitted a complaint stating the fact that B was subject to the above assault from the Defendant to the public service center of the Sung-nam District Prosecutors' Office on November 15, 2012.

As such, the Defendant presented a letter of accusation containing false facts and rejected B.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the police statement concerning B;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 156 of the Criminal Act and Article 156 of the same Act concerning criminal facts and the choice of fines;

1. Article 157 of the Criminal Act, Article 153 of the Criminal Act, statutory mitigation;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;