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(영문) 부산지방법원 2014.03.14 2013고단7369

무고등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 01:00 on August 23, 2013, the Defendant was aware that he was not able to pay the credit value from the victim E (n, 55 years of age) in 'D' located in Busan Seo-gu, Busan, and the Defendant asserted that he was not able to pay the credit value from the victim E (n, e.g., e., the victim’s head debt, knife the victim’s head debt, and caused a tension with the victim for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to the head of a complaint (including a certificate of injury attached thereto);

1. Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the relevant criminal facts and the selection of punishment;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Around August 26, 2013, the Defendant drafted a false complaint with respect to E using a test-type model at the public service center of the Busan Casa Police Station located in 402-7, Samsongdong-dong, Busan, the Busan Casong-dong.

그 고소장은 “피고소인 E은 2013. 8. 23. 01:00경 부산 사상구 C 소재 D 소주방에서 술이 만취 된 채 고소인의 머리채를 당겨 넘어뜨리고 오른발로 고소인의 오른 발목을 2회 밟아 고소인에게 약 6주간의 치료가 필요한 우측 족관절 외과 골절 등을 가하였다.”라는 내용이나 사실은 피고인은 E과 몸싸움 도중 넘어지다가 발목을 삔 것이고 E이 넘어진 피고인의 오른 발목을 발로 밟은 사실이 없었다.

Nevertheless, the defendant submitted the above complaint to police officers who could not know their names at the same place on the same day.

2. Determination

A. The crime of false accusation is established when another person reports false facts to a public office or a public official for the purpose of having a criminal or disciplinary punishment imposed upon another person. Here, the term "a false report" means a conclusive or doluence that reported facts are contrary to objective facts.