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(영문) 서울남부지방법원 2017.08.11 2016고단1619
무고
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

On September 2, 2015, the Defendant prepared a written complaint with respect to C and D at the Seoul Southern District Prosecutors' Office located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, 390 and submitted it to the staff in charge who could not know the name.

On September 17, 2012, the complaint filed a false statement to the effect that the defendant and E are living together with the defendant for the purpose of harming the defendant after attending as a witness on the trial date for defamation cases against D, Seoul Southern District Court 409, and D abetted this.

The contents of “A” or, in fact, the Defendant had been aware that C’s testimony was not false since May 2010, because the Defendant had been living together with E as an internal relationship. As such, the Defendant had already known that D had not instigated such a fact.

As a result, the defendant had D and C without the intention of having D and C receive criminal punishment.

Summary of Evidence

1. Entry of C and D in the third public trial records;

1. Statement made in F in the sixth public trial records;

1. Statement made by each prosecution with respect to D and G;

1. Each certification letter of H, I, J, K, L, M, N, andO;

1. Prosecution investigation report (Attachment of related case decisions) and Seoul Southern District Court Decision 2013No. 60 decided by the Seoul Southern District Court and Seoul Southern District Court Decision 2012 High Court Decision 4253 decided by the Seoul Southern District Court

1. Copy of protocol of examination of witness in relation to C of Seoul Southern District Court 2012 High Court 1888 High Court;

1. Application of the statute on filing of a complaint to the defendant

1. Relevant Article 156 of the Criminal Act and the choice of imprisonment with prison labor concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Judgment on the Defendant’s assertion of alternative imprisonment penalty

1. The Defendant asserted that he did not live with E from May 2010, and reported marriage with E on October 26, 2012, and lived with E after a considerable period of time elapsed.

Therefore, on September 17, 2012, C was present as a witness on the trial date for defamation cases against D, Seoul Southern District Court 409, and the Defendant and E were living together with P apartment 701 prior to signing on the confirmation document ( November 30, 201).

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