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(영문) 서울남부지방법원 2015.08.21 2015고정869
무고
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 15, 2010, the Defendant was sentenced to seven years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Fraud) by the Seoul Southern District Court, and is now confined to the Seoul Southern District Court. The victim C is a correctional public official in charge of the security of the above detention house and D, and the victim E is a correctional public official in charge of the investigation with the security of the above detention house and the F.

The defendant was investigated by the victims due to the fact that he delivered an illegal letter to another prisoner, and was subject to a disciplinary measure on March 28, 2014, which was taken on March 22, 2014, and was subjected to a disciplinary measure on account of the fact that he had a belongings that could not have been possessed by the reduction of capital, and was subjected to a disciplinary measure on account of the fact that he had the possession of the belongings, the defendant's injury against the victims was being taken on March 28, 2014,

4. Around December, 12, at the above detention center, a complaint stating that “A and E, a prison officer, abused official authority as a retaliation against a bribe acceptance case by a prison officer of the pre-existing Young Detention House, was punished against a complainant (A), and conducted a disciplinary measure by abusing official authority to destroy evidence, and submitted it to the Seoul Southern District Prosecutors’ Office around that time.”

However, the fact that the defendant was subject to disciplinary action against the defendant is decided by the disciplinary committee based on the fact that the defendant violated Article 107 of the Act on the Execution of Punishment and the Treatment of Prisoners by exchanging illegal correspondence between prisoners, and the inspection of belongings was conducted in accordance with the disciplinary measure, and there was no fact that the victims abused their authority.

Accordingly, the defendant was arrested for the purpose of having victims receive criminal punishment.

Summary of Evidence

1. Each legal statement of witness C and E;

1. A protocol of examination of part of the defendant by prosecution;

1. A complaint (including attached documents);

1. Investigation report (Attachment, such as the Non-prosecution of the related case);

1. Application of Acts and subordinate statutes to a criminal investigation report (absent petition, etc. of related cases);

1. Criminal facts;

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