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(영문) 수원지방법원 2018.07.19 2018고정824

무고

Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 20, 2017, the Defendant reported to the police officer affiliated with the police officer of the police station E box of the Suwon-gu Police Station of the Suwon-gu, Suwon-gu, Suwon-si, Suwon-si, which called “a continuous sound going outside the arche” by neighboring residents, around 21:0 on May 20, 2017, the Defendant reported to the effect that “a police officer affiliated with the police station of the Suwon-gu, Police Station E box of the Suwon-gu, who called out after receiving a 112 report to the effect that “a police officer affiliated with the police station of the Suwon-gu, Police Station of the Suwon-gu, Seoul-gu, who seeks legal punishment after being pushed off from stairs B’s stairs and being pushed off by hand.” On the 23th of the same month, the Defendant attended the police station of the Suwon-gu,

However, in fact C did not have assaulted the Defendant from the stairs to the hand.

The Defendant reported false facts to police officers with the intention of having C receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Complaint;

1. Application of the Acts and subordinate statutes of investigation report (abstinence of the case concerned, etc.);

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is not consistent with the Criminal Procedure Act, and the crime is likely to infringe on the national legal interest, which is a proper exercise of the State’s trial function, and threaten the legal stability of the person under consideration.

However, despite the Defendant’s false report, the degree of infringement of legal interests is not serious because the police investigation conducted against C as a result of the instant investigation, and the process of the investigation conducted on the instant crime (in the process of agreement of a criminal case in which the Defendant was injured by C, a complaint against the instant crime was filed by C in the process of agreement of the criminal case in which the Defendant was injured by C), the Defendant’s health status, age, environment, and circumstances after the commission of the crime, etc.