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(영문) 대구지방법원 의성지원 2018.11.29 2018고정46

무고등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On January 24, 2018, the Defendant drafted a written complaint with respect to E in 14, among D D 3 located in Chungcheongnambuk-do, using a test color pen.

The accusation of this case did not state that “Defendant E, who is the subject of the complaint, was able to take a bath to the complainant on July 28, 2017,” and that “E did not take a bath to the Defendant, because it was punished because it was the subject of other confinements.” In fact, E did not take a bath to the Defendant.

Nevertheless, the defendant received the above complaint through mail on February 1, 2018 to the public service offices of the Daegu District Public Prosecutor's Office, which is located in the 67-ro of the Seongbuk-gun, Seongbuk-gun.

Accordingly, the defendant reported false facts to E for the purpose of criminal punishment.

2. On January 2018, the Defendant defamationd the victim’s reputation by publicly pointing out false facts by publicly pointing out the following false facts: (a) in F and G, the victim E did not have expressed a desire to do so to the Defendant; (b) in F and G, who were confined in the same room, the Defendant expressed that “I have expressed a desire to do so to the Ethicalian in prison 11 and B.”

Summary of Evidence

1. Each legal statement of witness G, H, F, E, and I;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Each police statement made to G, H, and E;

1. A self-written statement prepared by J;

1. The circumstances supporting the submission of a false complaint by the Defendant who is the head of the accusation, the prosecutorial investigation agency and the court consistently denied the desire of the victim in this law.

Around July 2017, 201, D 11 water gate, which the defendant was under confinement, is concentrated on a corridor of about 30 meters, where approximately 26 living rooms are concentrated, so the horses in the corridor can be listened to most of the visitors. Nevertheless, the defendant's assertion that the victim, who is the school physician, expressed a great voice to the defendant who is a prisoner is difficult to easily understand, and at the same time, the defendant was under confinement in the ward by the defendant.