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(영문) 서울남부지방법원 2017.06.28 2015고단4582
무고
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 25, 2015, the Defendant drafted a written complaint stating that “A person presumed to be the wife B, B, and a person presumed to be the same livelihood B,” in the entrance of the 9nd floor of the C Building on January 23, 2015, the Defendant has undermined the reputation of the complainant, which is “the alteration of international fraud,” and thus, has been punished.”

Since then, on April 26, 2015, the Defendant was present and stated as the complainant of the case against defamation against B, etc. at the Seoul Young Military Police Station on April 26, 2015, and as the police officer D who is investigating the said case “B, a person presumed to be the wife B, a person presumed to be the Dong B, a person presumed to be the Dong B, and a person presumed to be the Dong B, bears a notice as a claim-based right, which is larger than an international fraud, rather than an employee

Recognizing that “the honor was damaged and punished accordingly,” it was “a request for punishment.”

However, the facts are that B, E, and F did not mean that the defendant was changed to international fraud, that at the time the defendant was the G, and that the defendant was also the defendant while he was aware that he had made such a statement to the defendant at the time.

H prepared a false fact-finding certificate, and submitted it as evidence by requesting the defendant to the effect that the two and three other persons made the statement that the defendant was replaced by international fraud.

On February 25, 2015, the Defendant submitted the above written complaint at the office of duty at the Seoul Southern District Prosecutor's Office located in Yangcheon-gu Seoul Metropolitan Government, and on April 26, 2015, the Defendant made a statement to the above purport at the Seoul Yeongdeungpo-gu Police Station located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, Seoul, and made a statement to that effect and filed B, E, and F.

Summary of Evidence

1. Each legal statement of witness G, B, H, E, and F;

1. Each statement made to the complainant and the accused and the application of the existing Acts and subordinate statutes;

1. Article 156 of the Criminal Act concerning the facts constituting an offense;

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

1. Imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Social service order under the Criminal Act;

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