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(영문) 서울동부지방법원 2015.07.03 2015고정142
무고
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On April 23, 2014, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Seoul Eastern District Court on September 2, 2014, and such judgment became final and conclusive on September 2, 2014.

On May 9, 2013, the Defendant was sentenced to a fine of KRW 4 million for the crime of indecent act by force against C at the Seoul Eastern District Court on May 9, 2013, and the said judgment became final and conclusive on July 10, 2014.

1. Around July 11, 2014, the Defendant drafted a false complaint with respect to C in Seongdong-gu, Songpa-gu, Seoul, and with respect to C.

The gist of the accusation is that “The Defendant, despite the absence of a fact by force, committed an indecent act by force, by force, committed the Defendant in spite of the fact that the Defendant committed the indecent act by force,” or that there was no fact that C was the Defendant’s

Nevertheless, around July 15, 2014, the defendant sent the above complaint to the public service center of the Seoul Dong District Public Prosecutor's Office located in 404, Asan-ro, Seoul, Gwangjin-gu, Seoul.

2. Around August 25, 2014, the Defendant: (a) prepared a written complaint at the places specified in paragraph (1) above; and (b) around August 26, 2014, the Defendant sent the written complaint to the public prosecutor’s office of the Seoul Dong Branch of Seoul District Public Prosecutor’s Office by mail.

As a result, the defendant was arrested for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Some of the suspect interrogation records of the defendant by the prosecution (170 pages of investigation records);

1. Examination protocol of suspect C by the prosecution (Investigation record No. 158);

1. Each petition (the fourth, third4 pages of the investigation records);

1. Each decision (which means the 12 pages, 15 pages, and 19 pages of investigation records);

1. A copy of the examination record of witness (C, 94 pages of the investigation records);

1. Copies of the protocol of trial and protocol of examination of witness (D, page 105 of the investigation records);

1. Previous convictions in holding: Application of statutes to the Konet case search printed out and respective written judgments (Seoul Eastern District Court 2014dan638, Seoul East Eastern District Court 2014No579, Supreme Court 2014Do9429, file of trial records);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. The Criminal Act for the detention of a workhouse;

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