2011 Highest 5441 Highest 201

A

Kim Young-young (Court) and Lee Chuncheon (Court of Justice)

Attorney B

January 5, 2012

A defendant shall be punished by imprisonment for six months.

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

Criminal facts

Around December 24, 2010, the Defendant drafted a false complaint on D using a computer at the office of the National Library of Korea and the Defendant located in Seocho-gu Seoul, Seocho-gu, Seoul, on a distribution basis, at the office of the National Library of Korea and the Defendant. The complaint chief stated that D made a false statement for the purpose of undermining himself/herself even if he/she did not have been subject to sexual indecent act from him/her, and that D did not have any fact to dismiss him/her.

Nevertheless, around December 24, 2010, the Defendant submitted the above written complaint to the office of the Seoul Central District Public Prosecutor's Office, located in Seocho-gu Seoul Central Public Prosecutor's Office 1724, Seocho-gu, Seocho-gu, Seoul, and to the staff of the office in exclusive charge of civil petitions whose name is unknown. Accordingly, the Defendant was without the intention of having D punished criminal punishment. The summary of the evidence was

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F;

1. Each protocol of suspect interrogation of the accused and D by the prosecution; 1. Copy of each protocol of suspect interrogation of the accused by the prosecution and the police (including D's protocol of suspect interrogation of the accused in the prosecution)

1. The police statement of the defendant;

1. Copy of the statement made to D by the police;

1. Each statement of E and F;

1. Complaint;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 156 of the Criminal Act, Selection of Imprisonment

1. Suspension of execution;

Article 62(1) of the Criminal Act: Reasons for sentencing;

[Types of Crimes] Type 1 (General Dismissal)

[Special Convictd Persons] Persons under ○: None

○ mitigated: Imprisonment with prison labor for not less than 6 months and not more than 2 years for a basic area

【General Convicts】

○ A person under way: None;

○ A mitigated person: A person who has no record of criminal punishment;

【Determination of Sentence】

Imprisonment for six months;

2. Determination on whether to suspend the execution;

【Major Reference Grounds】

○ Grounds : No reason for denial of criminal punishment:

[General Reference Grounds]

○ The affirmative reason: Social Sponsor

○ Grounds : None

[Decision as to Suspension of Execution] Since it belongs to the area of choice of suspended execution, it is decided as above for the reason that suspended execution is more than the decision, comprehensively taking into account the reason for consideration and the fact that the defendant withdraws complaint against D in the process of investigation

Judges Cho Sung-sung