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(영문) 서울남부지방법원 2014.05.22 2013고정723
무고
Text

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

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

Reasons

Punishment of the crime

On January 13, 2010, at the Yangcheon Police Station located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and 321, the Defendant was investigated into the case on or around October 10, 2009 and drafted a false written statement about D with respect to the case.

Before December 10, 2009, the self-statement was the content that "D around December 10, 2009, at the management office located in Yangcheon-gu Seoul E Apartment, has inflicted an injury on the catum base, etc. requiring treatment of the Defendant for about three weeks since D had bather bather fat, and thus punished."

However, the facts revealed that the defendant tried to report D by avoiding disturbance 112 at the above management office, and that F used D's hand and sold in order to restrain the defendant from doing so was engaged in cutting off D's arms between two persons in order to read it, and that D did not interfered with the defendant's bombing.

Nevertheless, the defendant made a verbal report on damage to a police officer who is unable to know his name at the above Yangcheon Police Station and submitted a written report on damage.

In this respect, the defendant was arrested for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Legal statement of witness G;

1. Statements made by witnesses D and H in the second trial records;

1. The statements of witnesses F and I in the third protocol of the trial;

1. Notice of reasons for non-prosecution, decision not to institute a prosecution, decision not to institute a prosecution (2010 fixed-term93 injury), decision (201No971 injury), decision (201No971 injury) or decision (201Do1424 injury);

1. Application of Acts and subordinate statutes to the defendant's writing;

1. Relevant Article of the Criminal Act and Article 156 of the Criminal Act concerning the selection of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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