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(영문) 서울중앙지방법원 2016.01.21 2015고정4396
무고
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 3, 2015, around 15:45, the Defendant prepared and submitted a written complaint at the Gangnam-gu Seoul Police Station for the purpose of having prisoners of war, B and C receive criminal punishment.

The complaint shall be filed by the defendant Eul to return the goods free of charge to the office (ju) E in the 11th floor of the Gangnam-gu Seoul Metropolitan Government D building.

Along with the male (C) who has found the same thing, and caused strings to the wind that the complainant is faced with the wall, and thus, the defendant who suffered a string, thereby punishing the defendant.

In addition, at around 16:08 on the same day, the Defendant stated that “B and any male (C) at the above office, any male (hereinafter referred to as “B”) was injured by the wind that he was faced with the wind that he was pushed by the shoulder and the right shoulder, and B interfered with the business of the office by changing the return of things and sound.”

However, in fact, B and C did not have any sound or sound in the above office at the time that the defendant's shoulder was sealed or returned.

The defendant submitted a complaint stating the false contents as above, and made a statement about the damage related thereto, thereby making the defendant B and C free of charge.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each protocol concerning the examination of suspect B or C by the police;

1. Statement made by the police against the defendant;

1. Application of Acts and subordinate statutes to the head of a complaint and an injury diagnosis report;

1. Article 156 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Articles 157, 153, and 55 (1) 6 of the Criminal Act to be mitigated by law;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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