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(영문) 인천지방법원 2017.06.30 2017고정1196

무고

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On October 2016, the Defendant: (a) prepared a written complaint at the official brokerage office of Yeongdeungpo-gu Seoul Metropolitan Government 101, stating that “E and F met with the left side of the complainant and inflicted injury on the complainant,” and (b) submitted the written complaint to the public prosecutor’s office of Incheon District Public Prosecutor’s Office around October 25, 2016; (c) received the written complaint by mail at the public prosecutor’s office of Incheon District Public Prosecutor’s Office; and (d) made a statement to the above purport at the office of the police station of Seo-gu Incheon Incheon District Public Prosecutor’s Office on November 2, 2016.

However, the fact is that, after completing the meeting of the H apartment occupant representatives, the E, the representative of the tenant representative meeting, and the F, the Dong representative of the 207 apartment building, such as E, who is the chairperson of the tenant representative meeting, attempted to leave the E, F, in body, and block the E, F, in order to prevent the defendant from leaving the meeting room, and E, and F, did not inflict any injury on the defendant.

Nevertheless, as the defendant was accused of the injury caused by confinement, confinement, etc. from E and F, the defendant raised a false complaint against E and F with the aim of having E and F be subject to criminal punishment.

Summary of Evidence

1. A protocol of interrogation of suspect by the prosecution against E, F, and the defendant (the second, the second, the replacement of the defendant) (the right to refuse to make statements and the right to assistance of counsel was notified to the defendant);

1. Each protocol of suspect examination of the police against E or F;

1. The first statement made by the police against the defendant at least once;

1. Complaints of the accused;

1. Application of the Act and subordinate statutes to CCTV video CDs in H’s conference room [the contents of the Defendant’s complaint cannot be deemed to be somewhat exaggerated in light of the aforementioned evidence];

1. Article 156 of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

1. Articles 157, 153, and 55(1)6 of the Criminal Act to mitigate confessions (the defendant led to the confession by an investigative agency to commit the instant crime);

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

1. The Criminal Procedure Act of the Provisional Payment Order.