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(영문) 인천지방법원 2013.10.25 2013고정2869

무고

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 14, 2013, the Defendant: (a) committed theft by having B receive criminal punishment on December 23, 2012 between 04:00 to 04:30 on December 23, 2012, with the aim of having B receive criminal punishment from the Incheon House 1001, Dong 1, Incheon Nam-dong.

'Before making an accusation to the effect that the complaint was filed.

However, in fact, B did not have any fact by suffering tts owned by the defendant at the same time.

Nevertheless, the defendant submitted a written complaint to a correctional officer who is unable to know the name of the Incheon detention center security on the same day and received it to the Incheon District Prosecutors' Office located in the same Dong on the 16th of the same month.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. The suspect interrogation protocol of the police as to B;

1. The police statement of C, the second police statement of D and the defendant, respectively;

1. Complaint;

1. Application of Acts and subordinate statutes, such as details of purchase by prisoners;

1. Article 156 of the Criminal Act and Article 156 of the same Act concerning criminal facts and the choice of fines;

1. Articles 157, 153 and 55 (1) 6 of the Criminal Act for statutory mitigation;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;