Text
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On March 25, 2016, the Defendant prepared a false complaint on E using a computer at the office of the Defendant in Songpa-gu Seoul Metropolitan Government D Building.
A written complaint states, “Defendant E, the Defendant, filed a false complaint with the Incheon Central Police Station on March 2015, which led to the indecent act by force of the criminal suspect, and thus punished.” The facts are as follows: (a) the Defendant was damaged by indecent act by force from the Defendant; (b) so, the Defendant Nonparty did not have filed a false complaint.
Nevertheless, around April 1, 2016, the defendant submitted the above written complaint to the officials in charge who are unable to know their names in the public service center of the government public prosecutor's office.
Accordingly, the defendant was dismissed for the purpose of having the above E criminal punishment.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding E;
1. The prosecutor's office and the police's statement;
1. Complaints of the accused;
1. Application of investigation reports (verification of A. Audit Office and attachment of judgment related to this case) and application of Acts and subordinate statutes to the summary agreement, auxiliary meetings and copies of judgment attached thereto;
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 (Confession) of the Criminal Act, which are statutory mitigation;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. In light of the reasons for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the instant crime for the reason of sentencing under Article 334(1) of the provisional payment order, the background and content of the crime, and the defendant's non-determination that not only exposed to the risk of criminal punishment but also used the investigative authority in unnecessary places. However, the criminal defendant has no same criminal records, and the defendant did not actually receive criminal punishment due to the defendant's non-indecent act by compulsion, but rather, was indicted for having committed an indecent act by force, and the defendant was actually subject to criminal punishment at the investigation stage