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(영문) 서울북부지방법원 2019.09.26 2019고단1132
무고
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 14, 2018, the Defendant filed a complaint with the Seoul Northern District Prosecutors' Office located in Dobong-gu Seoul Metropolitan Government, stating that “A police officers who reported and dispatched B around November 27, 2017, who were assaulted by the Defendant, made a false report that B was subject to criminal punishment.” On July 16, 2018, the Defendant was present at the Seoul Northern District Court as a witness of the assault case against the Defendant opened at the Seoul Northern District Court and submitted a false statement that the Defendant received B’s face as head around November 27, 2017.”

However, on November 27, 2017, the Defendant was found to have received the face of the above B from his head, and thus, the Defendant did not have committed any accusation or perjury as above.

As a result, the defendant did not dismiss the above B for the purpose of criminal punishment against the above B.

Summary of Evidence

1. Legal statement of the witness B;

1. A complaint;

1. Copy of the examination record of witness;

1. A report on investigation (a copy of the decision on this case which is a criminal complaint) and a copy of each judgment attached thereto;

1. Application of the report on investigation (112 reported details and processing details) and 112 reported details attached thereto and the response details to Acts and subordinate statutes;

1. Article 156 of the Criminal Act and Article 156 of the same Act concerning criminal facts and the choice of fines;

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

1. Judgment on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion;

A. The Defendant did not have exercised any physical tangible power against B.

B. Even if the defendant exercised tangible power, the defendant's testimony that B was present as a witness of the defendant's injury caused by violence on July 16, 2018 is false in the appellate court of the above case. Thus, the defendant's non-guilty part of the accusation against perjury is not guilty.

2. Determination

A. The following circumstances revealed by the records of the instant case, i.e., B from the investigative agency, to this court.

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