Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
Around August 2016, the defendant prepared a false statement about the defendant's residence in Seongbuk-gu Seoul Metropolitan Government B apartment C by using a computer for the purpose of having D take disciplinary action against the defendant.
The petition states that "The respondent-appellant D shall receive contingent fees from E and receive the above civil case unfairly, and after the written judgment against E was prepared, the result of the judgment was obtained unlawfully in advance, and the presiding judge shall be punished after the severe investigation, such as preventing the judge from making a judgment in advance with a favor of persons who are not denied," or that "A lawyer D shall receive contingent fees from E, did not accept the above civil case, but did not obtain the result of the judgment in advance, and did not prevent the presiding judge from making a judgment by a request for pre-feasing personnel who cannot be denied."
Nevertheless, at around that time, the Defendant submitted and received one copy of the above written petition to an employee whose name is not known at G Office F in the Gyeonggi-si Government-si, and filed a complaint with D.
Summary of Evidence
1. Each legal statement of witness D, E, and H;
1. Notification of the results of handling complaints and petitions, notification of the results of handling petitions, and application of Acts and subordinate statutes to the same reasons;
1. Relevant Article 156 of the Criminal Act, Article 156 of the Criminal Act, and Article 156 of the Criminal Act, the defendant has no same penal power or recent heavy penal power for the reason of sentencing of imprisonment;
The risk of disciplinary action against the defendant was not realized due to the defendant's act.
However, the crime of false accusation is a crime of reporting to an investigative agency, etc. for the purpose of criminal punishment of other persons, not merely a dispute between individuals, but also a distortion of the state's penal authority or disciplinary authority, and thus, it is against the judicial procedure.