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(영문) 부산지방법원 2020.06.11 2020고정570

무고

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

Around May 2019, the Defendant agreed to use the scams and electric scams owned by the Defendant, which brought about the use of the scams and electric scams owned by the Defendant, when B brought about the scams and electric scams.

Nevertheless, as the Defendant came to be far away from B, on September 24, 2019, at the Busan Coast Guard D Station located in the Busan Coast Guard C, the Defendant reported to the police officer that he stolen the scambling and electric installations and equipment possessed by the Defendant E, and submitted it to the above E after having the police officer write down a letter of accusation with the same content.

Accordingly, the defendant was arrested for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 156 of the Criminal Act and Article 156 of the same Act concerning criminal facts and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime without reason for sentencing under Article 334(1) of the Criminal Procedure Act is not only a violation of the State’s criminal justice function actively, but also a crime causing a person without reason to be subject to unfair criminal punishment, and it needs to be punished strictly.

However, the fact that the accused has no same criminal history, and that the accused has not been prosecuted or has not been punished due to the crime of this case shall be considered as favorable to the accused.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the defendant's age, health, character and conduct, motive and background of the crime, circumstances after the crime, etc., and all the conditions for sentencing specified in the records and pleadings