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(영문) 서울서부지방법원 2013.03.20 2012고단2375
무고
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On August 20, 2012, the Defendant made a false testimony to the public prosecutor’s office of Seoul Western District Public Prosecutor’s Office that “C had attended the court of Seoul Western District Court 307 around March 15, 2012, and had been tried as a witness of the case such as the injury at the court of Western District Court 201 Man-Ma2305, which was tried by the Defendant, and had been present at the court of Western District Public Prosecutor’s Office to make a false testimony to the effect that “A defendant assaulted D,” although he had been present at the court of Seoul Western District Public Prosecutor’s Office as a witness and present at the court of Seoul Western District Public Prosecutor’s public prosecutor’s office to the effect that “C has assaulted D only the Defendant,” and submitted a false statement to the effect that “C or E has been punished for perjury as a perjury.”

However, there is no fact that D did not assault the defendant, and C directly observed that the defendant assaulted D at the site of the case, reported 112, and E also testified that the defendant unilaterally assaulted D.

Nevertheless, the Defendant submitted a false complaint to C and E for the purpose of having C and E subject to criminal punishment.

Summary of Evidence

1. Each legal statement of witness D, C, and E;

1. Examination protocol of the accused by prosecution;

1. The police statement of the defendant;

1. A complaint, a certified copy of the judgment, and each photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 156 of the Criminal Act applicable to the crimes;

1. The judgment of conviction and the reasons for sentencing under Articles 40 and 50 (Preparation of Imprisonment) of the Criminal Act;

1. Although the Defendant denies the facts charged, in full view of the evidence, such as the testimony of each of the above witnesses, the written statement of the accused, the suspect interrogation protocol of the prosecution, etc., submitted as evidence, all the facts charged that the Defendant accused a false accusation with C and E can be acknowledged.

Through a document submitted after the closing of argument, the defendant's act of leaving D out of the beginning with the body of the defendant is a assault.

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