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(영문) 의정부지방법원 2013.03.28 2013고정686
무고
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Criminal facts

[Basic Facts] The Defendant was the Secretary-General of the Incorporated Association B, and C was a director of the same corporation, and C was aware of the fact that the Defendant and other representative director D and C were to dismiss the Defendant from office as the Secretary-General.

【Criminal Facts】

On July 24, 2012, the Defendant prepared a false complaint against C with the same content at the Nowon Police Station located in Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, for the purpose of having C receive criminal punishment.

The contents of the complaint and statement were that "A among the members of the Yongsan-gu Seoul Metropolitan Government Esing at each Esing room on July 14, 2012, C sent a suck of the defendant's suck, sent the defendant's suck, put the hand into the clothes, and put the hand into the knick, but the defendant tried to put the hand into the knick."

However, in fact, the defendant was only sing together with C at the above temporary singing, and C did not have any fact that he had the defendant's chest, distribution, etc.

Nevertheless, the defendant submitted a false complaint to the police officer and made a statement with the same content as that of the police officer and brought C with C.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement among the suspect interrogation protocol of the defendant against the defendant

1. Each police statement made to D, F, G, and H;

1. Investigative report (in recognition of a false criminal complaint A filed by a complainant);

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. Articles 153 and 55 (1) 6 of the Criminal Act for mitigation of confessions;

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

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