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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. On February 21, 2012, the Defendant prepared a false complaint with respect to C at the resident police station located in Seongbuk-dong at the time of stay in and out of Seongbuk-dong.
The complainant stated, “A et al., who did not obtain the consent of the clan A et al., and voluntarily write his name and affix his seal to the minutes of the special clan, thereby forging the minutes of the special clan and forging the clan Code without authority.” The defendant stated, “I will attend the meeting or affix his seal to C” at the time of the complainant’s statement, but, in fact, the defendant knew that C would sell the real estate owned by D clan to a third party and delivered a seal to C.
Nevertheless, the defendant submitted the above written complaint to the police officer under the name of the person belonging to the police station in the border police station at the above date and at the above place.
As a result, the defendant did not prosecute C for the purpose of having C be subject to criminal punishment.
2. Determination of facts charged
A. The evidence as shown in the facts charged reveals that C’s “(the damage is caused by acting as a member of the clan)” was sold to E and F, which is a clan, and (G) disposed of the land of the clan and repaid the damage (C). It was made after preparing the minutes and rules of the special general meeting of the clan, and preparing them (the head has kept the seals of the members of the clan who are residents of the village) as the head of the Defendant’s office (the head has kept the seals of the members of the clan who are residents of the village) and obtaining seals from the Defendant to the head of the Dong, and then the Defendant was affixed with the seal.”
B. However, in light of the following circumstances acknowledged as a result of the hearings of this Court, C’s above statement is not believed to have a reasonable doubt as it is, and there is no other evidence to acknowledge that the Defendant’s report is false.