무고
1. The defendant shall be punished by a fine of four million won;
2. If the defendant does not pay the above fine, 10,000 won.
Punishment of the crime
In the process of demanding to show CCTV around September 16, 2013, the Defendant: (a) filed a complaint with C, despite the fact that he was assaulted or injured by C; (b) filed a complaint due to the suspicion of injury by C; and (c) filed a complaint with C, around October 4, 2013, with the aim of having C obtain criminal punishment; (c) around September 16, 2013, the Defendant submitted to C a written complaint stating that “A, who is the Defendant, requested confirmation of CCTV at the management office located under D, would inflict an injury, assault, and refuse to do so on the complainant who requested confirmation of CCTV at around September 16, 2013; and (d) through thorough investigation, submitted to C’s Office of Public Prosecutor a written diagnosis of injury with the purport that the Defendant suffered an injury of satis and satise for seven (7) days of treatment.”
Summary of Evidence
1. Each legal statement of witness C and E;
1. Application of the Acts and subordinate statutes to the Director of the Criminal Complaint (A, 483 pages);
1. Relevant Articles of the Criminal Act concerning the crime. Article 156 (Selection of Punishment of Fines)
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The Defendant and the defense counsel’s assertion regarding the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order is true, and the Defendant and the defense counsel are true, and even if not, C did so by way of the Defendant’s shouldering, etc., the instant complaint is merely an exaggeration of the circumstances.
First, according to the evidence of the judgment, C is recognized that C did not assault the defendant.
Next, in regard to the assertion that a part of the reported fact is merely an exaggeration, if a false fact is included in the part of the reported fact, the crime of false accusation is established when the whole nature of the reported fact is modified to the extent that it is likely to mislead the state's trial action or undermine the legal stability of the individual who is not unfairly punished.
(See Supreme Court Decision 2008Do8573, Jan. 30, 2009). C, however, is a party.