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(영문) 서울북부지방법원 2013.04.24 2013고단182
무고
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 20, 2009, the Defendant was sentenced to one year and six months from the Seoul Northern District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Retaliatory Crimes, etc.). On February 14, 2011, the Defendant completed the enforcement of the sentence. On November 8, 2012, the Seoul Northern District Court sentenced one year of imprisonment with prison labor for an injury, etc., and the said judgment became final and conclusive on March 22, 2013.

On November 27, 2012, the Defendant: (a) around 13:40 on June 15, 2012, in Seongdong-gu, Seongdong-dong, Seongdong-gu, Seoul; and (b) around 13:40 on the fact, the Defendant made a written complaint to the effect that, despite the Defendant’s drinking in front of Dongdaemun-gu, Seoul, the Defendant reported that he was subject to assault from the Defendant even though he did not assault the Defendant, the Defendant was subject to criminal punishment, the Defendant filed a false complaint to the effect that, in spite of the fact that the Defendant was drinking in front of Dongdaemun-gu, Dongdaemun-gu, Seoul, the Defendant would be subject to punishment for the Defendant’s without being punished.

On November 28, 2012, through a correctional officer, the Defendant submitted the above written complaint to the public prosecutor's office of the Seoul Northern District Public Prosecutor's Office located in 626-20, Dobong-gu, Dobong-gu, Seoul. On December 12, 2012, the Defendant made a statement to the same effect that he/she was investigated as a complainant at the Seongdong-gu Seoul District Public Prosecutor's Office of Criminal Prosecutors' Office.

Summary of Evidence

1. Legal statement of witness E;

1. Written complaint (Evidence No. 1) of the defendant, and protocol of police statement against the defendant (Evidence No. 3);

1. A protocol concerning examination of suspect against D (Evidence No. 4);

1. Copies of medical records and a detailed statement of medical treatment of outpatients (D);

1. Court rulings and investigation reports (a copy of a written judgment shall be attached);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to the defendant's legal statement, criminal records, report on the results of confirmation of his/her previous disposition, and report on investigation (report on the confirmation of a suspect's

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The Criminal Act among repeated crimes;

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