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(영문) 부산지방법원 서부지원 2019.06.13 2019고정185

무고

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On February 1, 2017, at around 17:53, the Defendant reported to the gas station in the operation of the C, which is located in the Busan Seo-gu, Busan, on February 1, 2017, the Defendant reported to the effect that “C was flicking and pushed down the Defendant’s flat within the gas station office around February 1, 2018.”

However, at around 14:35 on the same day, the defendant assaulted the above staff D of the gas station and confirmed the fact that C, the president of the gas station, refused to do so by the defendant while refusing to do so, and there was no fact that C did not commit an assault by breathing and pushing ahead with C in the process of confirming the fact that C and the defendant were the president of the gas station.

Nevertheless, the Defendant reported 112 to the effect that he was assaulted by C, thereby having C receive criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and D;

1. In full view of the 112 Report Processing List, investigation report (Attachment of CCTV image CDs) and CCTV image CDs, investigation report (the Defendant and his defense counsel asserted that the Defendant was not falsely reported because he was assaulted by C. However, the Defendant, D, and C was taken in the CCTV at the place where the Defendant was assaulted by C. However, at the time when the Defendant was committed by the Defendant, D, and C, the form of the CCTV was relatively differentiated. At the time, the Defendant was put in two descendants and it was difficult to see that the Defendant was immediately taken out from the office where CCTV was installed. As alleged by the Defendant, it is reasonable to view that the Defendant was more reliable in the statement of C and D rather than the Defendant. Accordingly, the Defendant and his defense counsel’s assertion cannot be accepted. Accordingly, the Defendant and the defense counsel’s assertion cannot be accepted.)

1. Relevant Article of the Criminal Act and Article 156 of the Criminal Act concerning the selection of criminal facts;

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