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(영문) 수원지방법원 안산지원 2015.08.11 2014고단2971

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 May 2014, the Defendant prepared a false complaint on the act of injury of C with the aim of having C receive criminal punishment at a superficial place and having C receive criminal punishment.

On April 26, 2014, the part of the accusation against the Defendant: “E, the Defendant C, at around 21:00, did not have any fact before the Defendant and the Defendant, that “E, who is the wife of the D market, was dissatisfied with the complainant, and C was punished because he was punished because he was sealed the front breast part of the complainant by hand, and caused an injury requiring three-day medical treatment.”

Nevertheless, on May 2014, the defendant submitted the above complaint to the police officer who could not know his name at the public service center of the Ansan-gu Police Station in 1586-4, Seosan-gu, Seosan-gu, Seosan-si.

Accordingly, the Defendant reported false facts to public offices for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Legal statement of witness F;

1. A written statement;

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

1. Relevant Article of the Criminal Act and Article 156 of the Criminal Act concerning the selection of punishment;

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

1. Article 334(1) of the Criminal Procedure Act provides that the defendant and his defense counsel stated the date and time stated in the above facts of crime, at the place of the above facts of crime, C was in excess of the defendant and was injured. However, each of the above evidence, in particular, the witness F's statement in this court had been known prior to the instant case by F, and immediately after the instant case was occurred, the defendant had no reason to make a false statement against the defendant, in light of the fact that there was no reason to make a false statement against the defendant, that there was credibility in light of F's attitude of statement in this court and its contents. According to the above F's statement, the defendant's statement is the F's own will.