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(영문) 서울남부지방법원 2013.12.12 2013고정2474
무고
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Around May 11, 2011, the Defendant filed a false complaint with the public service center of the Seoul Mine Police Station located in Gwangjin-gu Seoul Special Metropolitan City, Gwangjin-gu, Seoul Special Metropolitan City (Dong Dong), and on December 18, 2006, while G was elected as the chairperson of the above association through legitimate procedures at the extraordinary general meeting of the E-Trade Union and performed normal work, G was subject to criminal punishment. However, for the purpose of having G receive criminal punishment, “G was not elected as the chairperson at the extraordinary general meeting on December 18, 2006, without having been elected as the chairperson at the above general meeting, the Defendant prepared a false minutes as if he was elected as the chairperson through the above general meeting and interfere with the partnership’s work by fraudulent means, and obstructed the performance of public duties by means of a report on change after obtaining a report on establishment of the labor union, and signed a false collective agreement with P and a false collective agreement on August 5, 2007.”

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the prosecutor's protocol of interrogation of the defendant as to the defendant, G's statement

1. The part concerning G's statement in the police interrogation protocol of the defendant (2. 2. Comparison)

1. The police statement concerning G;

1. A complaint filed by G;

1. Notification of reasons for non-prosecution;

1. A criminal investigation report (Attachment to the written verdict of the suspect before the case) (122 to 140 pages of the investigation records);

1. Request for cooperation in investigation (request for delivery, such as a written decision not to prosecute) (141 to 164 pages of investigation records);

1. Application of Acts and subordinate statutes to a criminal investigation report (to extract part of the investigative records from among the Seoul Southern District Prosecutor's 2009 type No. 45380) (165-17 pages of investigation records);

1. Relevant Article of the Criminal Act and Selection of Penalty for the Crime. Article 156 (Selection of Fine)

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Judgment on the assertion by a defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant’s assertion by the defense counsel does not constitute a member of G when he/she is in the position of a pastor.

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