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(영문) 서울동부지방법원 2018.10.05 2018고정294
무고
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 4, 2016, the Defendant lodged an appeal of a fine of two million won for the crime of defamation at the Seoul Eastern District Court, which was sentenced to a fine of one million won at the Seoul Eastern District Court on July 13, 2017, and tried to file a complaint with the police officer B belonging to the Seoul Sungdong Police Station for the purpose of having the police officer who was in charge of investigating the above case receive a fine of one million won at the Seoul Eastern District Court on July 13, 2017.

Around September 14, 2017, the Defendant: (a) at the office of the public prosecutor’s office of the Seocho-gu Seoul Metropolitan Office of Public Prosecutor’s Office, the Defendant: (b) prepared a complaint stating that “In spite of the fact that the complainant was investigated as defamation at the Sungdong Police Station around July 19, 2016, he/she falsely made the Defendant’s newspaper protocol; (c) prepared false public documents, such as preparing a proposal for investigation direction and a report on investigation results; and (d) attended the investigation at the Seoul Seodong District Public Prosecutor’s Office of Songpa-dong Seoul, Songpa-gu, Seoul; (d) was present at the investigation at the Seoul District Public Prosecutor’s Office of Public Prosecutor’s Office around November 24, 2017; and (e) was prepared the records of the instant case as if he/she did not investigate the victim on July 19, 2016, and made a false statement to the effect that he/she did not have made any signature or seal recorded in the investigation protocol.”

However, on July 19, 2016, the Defendant appeared at the Sungdong Police Station and was investigated by B about defamation and interference with business affairs, and perused the protocol and affixed a signature thereon.

Nevertheless, the defendant made a false accusation for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Legal statement of the witness B;

1. A4 site stating a petition for accusation, a suspect interrogation protocol, a signature of the complainant, etc.;

1. Investigative reports (in addition to judgments, etc. on defamation cases No. 24804 of the complainants No. 2016, No. 2016).

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