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(영문) 서울북부지방법원 2017.08.17 2017고정723
무고
Text

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

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

Reasons

Punishment of the crime

On April 1, 2015, the Defendant submitted to the Seoul Northern District Public Prosecutor's Office a letter of complaint stating that “The Defendant, who is the Defendant C, forged a letter of complaint containing “C, A, D,” and “The Defendant, E, and five others, who are the Defendant, submitted it to the Nowon Police Office, and exercised it. As such, the Defendant would be punished as a crime of forging private documents and committing an investigation document.”

However, on January 2, 2009, the above complaint was filed by C and D in order to discuss criminal and criminal measures against Dong representative E, etc. of apartment that the defendant lives together with C and D, and C did not forge it after consulting with the certified judicial scrivener.

Nevertheless, in the relevant civil procedure, the Defendant filed a false complaint against C, stating that C’s testimony unfavorable to the Defendant was forged, and filed a false complaint against C.

Summary of Evidence

1. Statement C in the protocol of interrogation of the suspect against the accused by the prosecution;

1. Statement made by each prosecutor with respect to D or F;

1. A criminal investigation report (F telephone call for certified judicial scrivener);

1. The chief commissioner (not more than four pages of investigation records);

1. A copy of the forged complaint (not more than 13 pages of the investigation records);

1. Receipts (30 pages of investigation records);

1. Character messages (11th page of investigation records);

1. A copy of the reference document (not more than 128 pages of investigation records);

1. Application of Acts and subordinate statutes to a copy of a complaint (not more than 135 pages of investigation records);

1. Article 156 of the Criminal Act applicable to the crime and Article 156 of the Selection of Punishment Act;

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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