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(영문) 춘천지방법원 강릉지원 2013.09.26 2013고단470
무고
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On April 9, 2013, the Defendant prepared a false complaint against C with the aim of having C receive criminal punishment in the public service center of the Gangseo-gu police station located in Gangnam-dong 1113, Gangnam-gu.

A written complaint states that "The defendant defendant C has forged or exercised a written consent to land use in the name of the defendant to the effect that he/she consented to the use of the land as access to the building at the time of permission for construction of Gangnam-si D and E from the French land around March 5, 2013," and that the above written consent to land use was written in a written confirmation prepared by F around March 4, 2013 and delivered to F after entering the name, resident registration number, and address of the defendant in his/her own pen and sealing the seal, and there was no fact that C has forged the document in the name of the defendant.

Nevertheless, the defendant submitted the above complaint to the police officer who could not know his name at the public service center of the Gangseo Police Station of the same day and filed the complaint with C.

Summary of Evidence

1. Defendant's legal statement;

1. Part A of the prosecutor's protocol of interrogation of the defendant

1. Each police statement concerning G and F;

1. Investigation report (report accompanied by a copy of case records);

1. A complaint (certificate of seal imprint, written consent to land use, and written confirmation);

1. Application of Acts and subordinate statutes to request documents, requests for appraisal, reports on appraisal and written appraisal;

1. Article 156 of the Criminal Act applicable to the crimes;

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

1. The above punishment shall be determined by taking into account the following factors: (a) an agreement with the victim after the reason for sentencing under Article 334(1) of the Criminal Procedure Act; (b) the circumstance in which the defendant filed a complaint; and (c) the initial offender.

It is so decided as per Disposition for the above reasons.

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