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(영문) 서울동부지방법원 2015.06.05 2015고정52
무고
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Around August 22, 2014, the Defendant drafted a false complaint against D using a shot pension in the Defendant’s house located in Seongdong-gu Seoul Metropolitan Government, using a shot package.

A written complaint was filed by the Seoul Eastern District Court located in the Dong-gu Seoul Special Metropolitan City, Gwangjin-gu on October 11, 2013, stating that "D, who is the defendant, was present at the Seoul Eastern District Court as a witness of the above court 2013DaMa19566, which made a false statement that although the defendant did not inflict any injury or insult on D, he/she made a false statement that he/she had inflicted any injury on D and insulting him/her, and punished him/her because he/she has damaged the honor of the defendant," and that D made a false statement.

Nevertheless, around 13:00 on August 22, 2014, the Defendant submitted the above written complaint to the public official in charge of not knowing his name at the Seoul Central District Public Prosecutor's Office located in Seocho-gu Seoul Metropolitan Government Seocho-gu.

In this respect, the defendant was arrested for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Suspect interrogation protocol of the defendant;

1. A complaint (No. 2014 type No. 77129);

1. Investigation report (Investigation Report (Investigation Report (Investigation Record No. 5), summary of the case agreement auxiliary meeting (Investigation Record No. 6), each protocol of witness examination (Investigation Record No. 9, E-14, F-26 and 53 pages, G-39 pages), each written decision (Investigation Record No. 62, 69 pages);

1. Determination as to the assertion by the defendant or his defense counsel on the investigation report [the investigation report (in 71 pages), the interrogation protocol of F (in 72 pages), the investigation report (in the F investigation, the waiting confirmation in front of the A Office), the summary order against F (in 86 pages), the copy of the summary order against F]

1. The summary of the argument and the defense counsel asserts that D’s perjury and defamation of the reputation of the defendant, and that the defendant reported “definite facts” and thus, the defendant did not have any intention to commit a crime.

2. Determination

A. In the crime of false accusation, the term “report of false facts” is conclusive or dolusent to the effect that the reported fact goes against objective facts.

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