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(영문) 서울남부지방법원 2015.10.22 2015고정1444
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 January 13, 2015, the Defendant prepared and received a written complaint against the assistant C belonging to the Seoul Gangseo Police Station at the public service center of the Seoul Southern District Public Prosecutor's Office in Yangcheon-gu, Seoul.

A written complaint contains the following: (a) on March 31, 2014, the Defendant filed a complaint: (b) “Notwithstanding the absence of an assault by the complainant A, the complainant, at Yeongdeungpo-gu Seoul Metropolitan Government D, to take the back of E to drink, the Defendant arrested the complainant in an unlawful act by abusing his official authority while making a false statement that the complainant abused E in the presence of the Defendant, and by abusing his official authority.”

On March 30, 2015, the Defendant continued to make a statement on the above complaint at the Yeongdeungpo-gu Police Station investigation and intelligence team office located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, and made a statement on the above contents.

However, on March 31, 2014, the defendant abused E in the presence of slope C, and the arrest of the defendant was lawful in accordance with the legitimate reasons and procedure of arrest.

When the Defendant arrested a slope C as a flagrant offender, and paid the fine to the above case, the Defendant filed a false complaint with the intent to have him punished.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. The police statement of the defendant;

1. Application of Acts and subordinate statutes to a complaint, a report on investigation (a judgment and attachment of investigation records);

1. Relevant Articles of the Criminal Act concerning the crime. Article 156 (Selection of Punishment of Fines)

1. A fine of one million won for a sentence sentenced (with no record of punishment for the same kind of crime, such as the reflectivity, the background of the complaint, the fact that there is no record of punishment for the same kind of crime, and other factors, the age, occupation, economic form, etc.

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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