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(영문) 대구지방법원 2016.05.12 2016고정400

무고

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On August 25, 2015, at around 12:10, the Defendant: (a) was arrested as a current offender by a slope G affiliated with a police box in Daegu Southern-gu Police Station Fack, the Defendant obstructed restaurant business by blocking the restaurant business, such as cutting off and booming, in a restaurant operated by D market located in Daegu-gu, Daegu-gu, Seoul-gu, by drinking.

When the defendant was in excess of his face in the course of arrest, he requested G to pay medical expenses, etc., and G to raise a false complaint against G with respect to not giving money.

On December 15, 2015, the Defendant drafted a written complaint against G at the Defendant’s home located in Daegu-gu H.

The criminal complaint was that “The Assistant G of the F Police Station of the Daegu Southern Police Station arrested the complainant on August 25, 2015, who was in need of medical treatment for 15 days on the three occasions, such as being pushed down on the floor and being carried out to the wharf, etc.”

However, the facts were that the defendant was under the influence of alcohol at the time of arrest of a flagrant offender, and G did not have the fact that the defendant was sealed or followed.

Nevertheless, on December 15, 2015, the defendant submitted a written complaint to the public prosecutor's office of Daegu District public prosecutor's office located in 2 Dong-gu, Daegu District public prosecutor's office.

As a result, the defendant committed a criminal punishment against G for the purpose of having G receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect of the accused;

1. Copy of the police statement made to I;

1. Each investigation report (the attachment of a copy of the summary order of the case interfering with the duties of the complainant involved in this case and the statement by a related party G slope phone);

1. A copy of the complaint, report on the investigation status of a case under direct control, and a decision not to institute a prosecution (No. 74274) No. 74;

1. Application of the relevant Acts and subordinate statutes to submit data;

1. Article 156 of the Criminal Act applicable to the crime and Article 156 of the Selection of Punishment Act;

1. Articles 157, 153, and 55 (1) 6 of the Criminal Act to be mitigated by law;

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.