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(영문) 수원지방법원 2019.06.27 2018고합199
무고
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On May 29, 2014, the Defendant was sentenced to 10 months of imprisonment with prison labor at the Suwon District Court Sejong District Court’s House for a crime of false accusation, etc. On November 23, 2014, the Defendant was released as a ruling of revocation of detention from the female prison on November 23, 2014, and on October 2, 2014, the judgment of the first instance judgment became final and conclusive on the same day after being sentenced to the dismissal of appeal by the Suwon District Court on January 29, 2015.

【Criminal Facts】

Around November 2, 2016, the Defendant stated this part of the facts charged as “Around November 3, 2016,” but it is recognized that the receipt of the above accusation was affixed on November 2, 2016 on the receipt of the accusation prepared and submitted by the Defendant (3rd page 4 of the evidence record), and even if the correction is made as above, there is no concern that there would be any substantial disadvantage to the Defendant’s exercise of his/her right of defense. Thus, the Defendant made correction ex officio and recognized it.

In the office of the public service center of the Suwon-si Office of the Suwon District Prosecutors' Office located in Pyeongtaek-ro 1040, stating that "A suspect B shall receive a security loan from the complainant to pay to C the amount paid by the complainant to C, in relation to the divorce consolation money of KRW 259 million to be paid to C," and falsely stating that "A shall pay C the amount paid by the complainant to C, in order to cancel the application for provisional disposition on the parking lot located in Pyeongtaek-si D, the complainant shall pay C with the amount of KRW 160,000,000,000 for living expenses, and then C shall be allowed to cancel the provisional disposition on the suspect B, and this part of the facts charged shall be stated as "the withdrawal of the appeal and the cancellation of the provisional disposition" made and submitted by the defendant, without mentioning the withdrawal of the appeal. Thus, even if C withdraws the above part of the appeal and deletes the part of the defendant's right of defense, it shall not be recognized ex officio as having any substantial effect on the defendant's right of defense.

C.

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