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(영문) 서울중앙지방법원 2012.11.09 2012노2710
무고
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. Since all the contents reported by the Defendant for mistake of facts are true, no accusation is established.

B. In light of the fact that the instant case of unfair sentencing is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act before the judgment of the court below, the punishment sentenced by the court below (six months of imprisonment) is too unreasonable.

2. Determination

A. 1) According to the evidence duly admitted and examined by the court below, the circumstances of the instant case are as follows. A) around April 22, 2011, around 01:39 and around 01:48, the Defendant reported 112 to the Defendant’s father’s mobile phone (N) used by the Defendant in front of the Hel, and had the police called the Defendant. The Defendant sent the Defendant to the police officer affiliated with the I district unit of the Seoul Gangnam Police Station International Police Station of Gangnam-gu, Seoul, which called the Defendant, with the said female employees at the F entertainment tavern and Helel. As such, the Defendant was punished for the business of the said entertainment tavern.

B) Around 02:40 on April 22, 201, the Defendant prepared and submitted a written statement when he was investigated into the above details of the report, and the Defendant stated in the statement that “five persons, including on April 22, 201 and 12 at night, drink 5 A, including on F entertainment tavern, were drinking at a low f.m., but the (head of office) O did not have a low f.m., and the (head of office) O did not have a f.m. with a f.m. and 401 p. A.m. with a f. p.m., while she was engaged in sexual intercourse, the Defendant appears to have been informed of the f.m. on the day 19 p.m. or 19 p.m. on the day she was informed of the f.m. on the day she was informed of the f.m. 1 p.m., on the day she was informed of the f.m.

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