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(영문) 서울동부지방법원 2015.07.09 2015고단1183
무고
Text

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

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

Reasons

Punishment of the crime

On March 19, 2015, the Defendant was sentenced to eight months of imprisonment for a crime of indecent act, etc. at the Seoul Eastern District Court, and the judgment was finalized on the 27th of the same month.

Around December 2014, the Defendant made a false complaint against E and F in the General Law Office D in Jongno-gu Seoul, Jongno-gu, Seoul.

The gist of the accusation was that “In spite of the fact that the complainant was forced to commit indecent acts by force on August 29, 2013 at H department stores G in Songpa-gu, Seoul, there was no fact that the complainant was forced to commit indecent acts by force on the part of the victim, on the part of the victim, on the floor of the floor of the H department store store, E with the floor of the floor of hand, etc., the complainant reported falsely to the 112 that E and F were forced to commit indecent acts by force

However, on August 29, 2013, the Defendant was sentenced to a suspended sentence of two years on August 24, 2014 in the Seoul Eastern District Court due to indecent act by force.

Nevertheless, on December 15, 2014, the defendant submitted the above complaint to the staff of the police station who is unable to know the name in the Songpa-gu Seoul Metropolitan Government 221, as the time poor, the defendant submitted the above complaint to the public service center of the Songpa Police Station.

Accordingly, the defendant reported false facts to public offices for the purpose of having E and F receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. A copy of the police statement concerning F;

1. Copies of the criminal defendant's complaint, protocol of trial, and protocol of examination of witness;

1. Previous records of judgment: Criminal records, investigation reports (report on the date on which judgment becomes final and conclusive), and the application of the relevant Acts and subordinate statutes and a copy of each judgment;

1. Article 156 of the Criminal Act as to the facts constituting the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 157, 153, and 55 (1) 3 (Confession) of the Criminal Act, which are statutory mitigation;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. The suspended execution is erroneous in Article 62(1) of the Criminal Act;

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