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(영문) 부산지방법원 2016.10.13 2016고단2860

무고

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 6, 2016, the Defendant found 30,000 won per day in which C had been employed as an employee, and asked for the use of 30,000 won per day in which C had paid all daily allowances at the time. However, the Defendant was able to take up and kill the suspected person while taking a desire to do so. As a result, the police officer called for, and the police officer was fluencing for the promotion of C.

On the same day, the defendant prepared a false complaint with the purport that "A and his wife were employed by C and C in 2013 with the aim of having C and his wife receive criminal punishment from the public service center of the Busan Summer Police Station, which was located in 665, P and C, and submitted a false complaint to the person in charge where C and his wife were unable to know the name, to the effect that "A and B were sexually indecent acts, such as intentionally kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn'

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

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

1. Article 156 of the Criminal Act as to the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a fine for selective punishment (the crime committed during the period of suspension of execution of punishment is a crime committed during the period of suspension of execution of punishment, and is committed with the suspicion of a sex crime that may severely impair the honor of the persons who are not guilty, and thus, should be punished strictly, but it is against the wrong, the confession is against the situation, the result of criminal punishment does not occur for the accused, and the circumstances such as the point that is a intellectual disabled person

1. Articles 157, 153 and 55 (1) 6 of the Criminal Act for mitigation of confessions;

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