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(영문) 서울서부지방법원 2014.10.08 2013고단1636
무고
Text

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

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

Reasons

Punishment of the crime

On April 12, 2013, the Defendant drafted a false complaint against D with the aim of having D criminal punishment, at a licensed administrative office where the trade name in Seodaemun-gu Seoul Metropolitan Government is unknown.

A written complaint states, “A complainant, who was the lessor of the house, caused the complainant to release 4 million won to the house before the house,” that “The complainant forced the complainant to remove 4 million won a deposit, leading the complainant’s left arms by force, spacing them into the back, spacing, and spacing the complainant, leading the complainant to punish D, and spacing him/her to the right spacing, which would be at the right spacing, so D would be subject to punishment.” While D was found to have made an oral demand by the defendant to write down each letter on the date on which the director will leave the house, there was no fact that the defendant caused the injury to the defendant during this process.

Nevertheless, on the same day, the defendant filed a complaint with the public service center of Seodaemun-gu Police Station in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, by submitting the above complaint to the employee in charge who is unable to know his name.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement by the prosecution concerning D;

1. Investigation reports (referring to the submission of medical records A and confirmation of medical treatment sets);

1. Application of the Acts and subordinate statutes to the complaint;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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