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(영문) 서울중앙지방법원 2020.11.13 2020노1641
무고등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

The number of seized articles 1 and 2 (each cashier's check) shall be respectively.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and six months of imprisonment, two years of suspended execution, and confiscation) is too unhued and unreasonable;

2. The fact that the defendant denied the initial crime of investigation, but only after being detained, led to a confession by committing the crime, and that he/she did not have any criminal record in addition to being punished once by a fine due to the crime of this kind, and that he/she committed the crime of this case on behalf of his/her spouse who is not good body.

However, the crime of false accusation is not only a violation of the State’s trial function or criminal or disciplinary right, but also a violation of the Act on the Prohibition of Improper Solicitation and Receipt of Money and Valuables. The crime of false accusation against E, a police officer in charge, such as “E has received a bribe from the other party”, and the police officer in charge changed to H changed to H, put the age of 10 million won above on his/her duty to the effect that he/she would be treated in favor of his/her spouse, but also put the victim at risk of being subject to unfair punishment or disciplinary action. The crime of offering of bribe and the violation of the Act on the Prohibition of Improper Solicitation and Receipt of Money and Valuables, etc. also requires strict punishment. When the defendant was investigated into the crime of fraud by infringing on the fairness and the purchase of money and valuables, he/she should be punished strictly. The defendant was a police officer in charge, who provided his/her spouse with false accusation, such as “E has received a bribe from the other party” and submitted the same amount of the defendant’s criminal investigation without any justifiable accusation.

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