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(영문) 서울중앙지방법원 2018.02.09 2017고단7959
무고
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around June 2016, the Defendant leased part of the first floor of the building located in Gwanak-gu in Seoul Special Metropolitan City from D in the name of C and operated the beauty art room in the name of “F” from around that time, and caused conflicts arising from the use of the parking lot of the G and the above leased building, damage caused by the “H”, which is the Chinese restaurant next to the above beauty art room.

On November 24, 2016, the Defendant: (a) drafted a complaint stating that “G 40 minutes interfere with the business of drinking and drinking, and, at around 16:00, around September 5, 2016, the Defendant submitted to the police officer, who cannot know his name at the Seoul Cheongdong Police Station located in the Gwanak-gu, Seoul Special Metropolitan City on the same day, a statement of the complaint stating that “The Defendant shall be subject to an agreement to prevent any sacrine and sacrine diseases, as he died of her,” and submitted the above complaint to the police officer who is unable to know his name at the Maakdong Police Station located in the Cheongdong-gu, Seoul Special Metropolitan City on the same day.”

However, the facts are as follows: G entered the beauty room at around 16:00 on September 5, 2016 at the request of the defendant, and G went back to the beauty room, and there was only a fact that she went back to the beauty room again, and it did not interfere with the duties of the beauty room by taking advantage of the defendant's bath or drinking, spawning, spawning, etc.

As a result, the defendant committed a criminal punishment against G for the purpose of having G receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol with regard to D (including theG statement part);

1. Entry in the lease contract and the written decision on non-prosecution (No. 5340 type 5,00);

1. Application of each of the Acts and subordinate statutes stated in the investigation report (to hear I’s statements), investigation report (to hear J’s statements);

1. Article 156 of the Criminal Act applicable to the facts constituting an offense and Article 156 of the choice of punishment;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to be mitigated by law;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (for the following reasons, on the sentence).

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