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(영문) 광주지방법원 2014.01.16 2013고단4658
무고
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 3, 2012, the Defendant: (a) was in dispute with C and D organization personnel affairs; (b) filed a complaint with the Gwangju District Prosecutors’ Office on the charge of injuring the Defendant; and (c) filed a petition with the Gwangju District Prosecutors’ Office on March 13, 2013 for a summary order of KRW 1 million due to the crime of injuring, etc.; (c) upon receiving a request for a summary order of KRW 3 million from the Gwangju District Prosecutors’ Office, the Defendant had attempted to file a false complaint with the purport that “C had not filed any false accusation stating false facts, in spite of the existence of the fact of

On August 3, 2012, the Defendant: (a) around August 3, 2012, the Defendant filed a complaint with the public service center of the Gwangju District Public Prosecutor’s Office stating the false fact that “A defendant did not assault C on or around August 3, 2012; (b) even if C did not have assaulted the Defendant, C did not have the Defendant for the purpose of punishing the Defendant by manipulating a record of recording as if C was assaulted by the Defendant.”

As a result, the defendant did not prosecute C for the purpose of having C be subject to criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the accused's accusation, interrogation protocol of the prosecution against C, and protocol of statement of the prosecution to C;

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

1. Articles 157, 153 and 55 (1) 6 of the Criminal Act for mitigation of confessions;

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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