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(영문) 서울남부지방법원 2013.08.28 2013고단2412
무고
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around 15:00 on May 27, 2012, the Defendant prepared a false complaint form with respect to B at the public service center of the Seoul Guro Police Station located in Guro-gu Seoul Metropolitan City, Guro-gu, Seoul, and at the public service center of the Seoul Police Station, on the form of the complaint form kept therein.

The accusation statement states that "the defendant B, who was the defendant B on May 24, 2013, caused injury, such as brain, which requires treatment for about three weeks after being pushed the complainant from the main stairs in front of the house, and thus, there was no fact that the above B was sealed by the defendant at the time."

Nevertheless, around 15:00 on May 27, 2012, the defendant submitted the above written complaint to the public service center of the Seoul Guro Police Station, and to the police officer in charge.

Accordingly, the defendant had not been punished against the above B for the purpose of having the criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning B;

1. Application of the C’s respective Acts and subordinate statutes;

1. Article 156 of the Criminal Act applicable to the crimes;

1. Articles 157 and 153 of the Criminal Act for statutory mitigation;

1. Article 62(1) of the Criminal Act provides that no criminal record exists except for a fine made by a defendant on one occasion, and the defendant shall be sentenced to the same punishment as the order, comprehensively taking into account the circumstances leading to the instant crime, the circumstances after the instant crime, etc.

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