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(영문) 제주지방법원 2017.04.21 2017고단276

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 October 13, 2016, the Defendant issued a written complaint to the public service center of the Seo-gu Police Station in the Jeju-si Police Station in the Jeju-si, Jeju-si, Jeju-si, 215 to the effect that “C assaults A who is a disabled person with no error, and threatened him/her with his/her death in the workplace,” and submitted it to the police officer belonging to the said police station on the same day, and on the same day, the above police station stated to the effect that “C reported A beyond the floor and made an assault, such as sending her head, etc., and forced her arm’s length by force on several occasions.”

However, in fact C was only the defendant, who was under the influence of alcohol, and did not assault the defendant.

Accordingly, the defendant reported false facts to public officials for the purpose of having C punished criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint, statement protocol (7 pages of evidence), and statement of reference person (41 pages of evidence);

1. Application of the Acts and subordinate statutes governing cancellation of complaint;

1. Relevant Article 156 of the Criminal Act concerning the facts constituting an offense, Article 156 of the Criminal Act selecting a fine, and the choice of

1. Articles 157, 153, and 55 (1) 6 of the Criminal Act to be mitigated by law;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime without reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is a crime that interferes with the appropriate exercise of the national criminal justice power and lacks the risk of criminal punishment against a person who is under suspicion, and thus should be punished strictly.

However, considering the fact that the defendant recognized the crime of this case, the risk of criminal punishment was removed early because the defendant was not prosecuted, the defendant has no record of other crimes except the punishment of fines in 193 and 1994, and the defendant does not want the punishment of the defendant, the punishment against the defendant shall be determined in consideration of the fact that the defendant does not want to be punished.