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(영문) 광주지방법원 2013.06.28 2012고단2241
무고
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On August 10, 2011, the Defendant was sentenced to a suspended sentence of ten months by imprisonment with prison labor for an injury at the Gwangju District Court, which became final and conclusive on April 26, 2012.

【Criminal Facts】

When the defendant was sentenced to a judgment of conviction due to the testimony of the accused accused case C, etc., and was sentenced to a civil damage claim from D, the victim of the injured case, the defendant had tried to prepare and submit a false statement of accusation requesting C to punish him/her as perjury with an intention to affect the judgment.

However, on November 4, 2010, the day of the injury case, C observed a light view before and after the customer, D and the defendant satising out of the restaurant, and D being outside the restaurant and going beyond the direction of street lamps, and testified the same in the trial of the injury case against the defendant.

Nevertheless, around December 27, 2011, the Defendant presented a false statement to the G Certified Judicial Scriveners Office located in the Seo-gu in Gwangju, Gwangju, to the effect that “C is subject to criminal punishment,” “C was present at the legal statement of the 2011 Highest 118 Injury Cases, and on November 19, 2010, D going beyond five meters away from the door while working at the 2011 E-cafeteria, which was present at the 201.19:30 square meters away from 5 meters away from the street etc., and opened a restaurant and opened it, and there is no street lamps, etc., and C was without a cafeteria, without considering the fact that the fighting was not in the cafeteria, and without the fact that it was not in the cafeteria, C prepared a false statement to the effect that “h was punished because it was harmful to the complainant,” and submitted it to the above public prosecutor’s office in Gwangju Dong-dong on December 28, 2011.

Summary of Evidence

1. Statement made by C of a witness in the second protocol of trial;

1. Statement made by witnesses D in the sixth trial records;

1. A complaint;

1. Investigative Report (Attachment to Judgment) 1.

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