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(영문) 의정부지방법원 2019.10.31 2019고정775

무고등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On October 3, 2018, the Defendant filed a false complaint with the Namyang Police Station located in the Namyang-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, 532, stating that “A police officer was stolen of vessels located in a dry field.” On November 7, 2018, the Defendant filed a false complaint with the same police station that “A joint with B and C, from September 30, 2018 to October 3, 2018, he/she would be punished for having approximately 1,100 km of the reported field, following around September 30, 2018.”

However, there was no fact that B and C stolen the vessels from the Defendant’s dry field as above.

As above, the Defendant reported false facts to the police for the purpose of having B and C criminal punishment.

2. On October 2018, the Defendant damaged the victim’s reputation by openly pointing out false facts, in the case where: (a) the victim Nonparty 2 was aware of the Defendant’s ship; (b) the victim Nonparty 2 was aware of the Defendant’s ship; and (c) the residents, such as F, etc. were aware of the fact; and (d) the victim’s reputation was damaged by publicly pointing out false facts.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning B and C;

1. Notice of the results of handling the case, records of non-prosecution case, and decision of non-prosecution;

1. Application of Acts and subordinate statutes concerning the investigation report (related to G mobile phone calls for reference);

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, Article 156 of the Criminal Act, Article 307 (2) of the Criminal Act, and the choice of each fine for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Judgment on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that, with sufficient grounds to suspect that they stolen their vessels B and C, the defendant filed a report with an investigative agency, and that there was no intention to make a false accusation.

2. In the relevant legal doctrine-free accusation, the criminal intent must be conclusive.