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(영문) 부산지방법원 2017.05.11 2016고단6386
무고
Text

Punishment shall be exempted.

Reasons

Punishment of the crime

[criminal history] On July 30, 2015, the Defendant was sentenced to eight months of imprisonment due to an occupational breach of trust, etc. at the Seoul Central District Court, and the above judgment was finalized on October 29, 2015. On May 3, 2016, the Defendant was sentenced to two years of imprisonment with labor at the Busan District Court for fraud, etc.

5. 11. The judgment became final and conclusive on December 22, 2016, and the above judgment became final and conclusive on February 17, 2017, upon being sentenced to eight months of imprisonment with prison labor for perjury and for non-influence in the above court.

[Criminal facts] On March 20, 2014, the Defendant filed a complaint with the Seoul Central District Public Prosecutor's Office, which filed a complaint with C without accusation of the victim C, according to the distribution of Seocho-gu Seoul Metropolitan Government.

The complaint is filed by the defendant C, "The complainant, who is the defendant C, has lived with D with the third denial that the complainant is the person from the drinking house, and that there is a child.

In other words, the purpose was to punish a complainant by openly pointing out false facts.

However, there was no fact that the victim made D the same statement as the purpose of the complaint.

Nevertheless, the Defendant made a false accusation against the victim for the purpose of having the victim receive criminal punishment.

Summary of Evidence

[Criminal facts]

1. Statement by the defendant in court;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement by each prosecutor;

1. A complaint (criminal history);

1. Inquiry into criminal records, etc.;

1. Statement by the defendant in court;

1. The result of the search of the net case in Busan District Court (the Busan District Court 2016No 3365, the Busan District Court 2015 No. 4254, the Supreme Court 2015Do1840, the Seoul Central District Court 2015 No. 964);

1. Each judgment [the Busan District Court's Dong Branch 2016 High Court's 628,883 (Joint) and the Busan District Court's 2016 No. 3365];

1. Each judgment [the Busan District Court's Dong Branch 2013 High Court's 2960 High Court's 2013 High Court's 2014 High Court's 1041 High Court's 2014 High Court's 2014 High Court's 4435, Supreme Court's 2015Do 11840, Busan District Court's 2015 High Court

1. Application of Acts and subordinate statutes (Seoul Central District Court 2014 High Court 4158 High Court, Seoul Central District Court 2015 No. 964);

1. Article 156 of the Criminal Act of this Act and the choice of punishment against the crime;

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