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(영문) 부산지방법원 2016.08.11 2016고단2881

무고등

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On July 19, 2015, at around 07:27, the injured Defendant suffered an injury on the part of the victim D (54) who is the Defendant’s scam in Busan B, on the ground that “I am married, I am h, I am h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h

2. Around 07:43 on the same day, the Defendant filed a verbal report on the following: “Around the same day, the Defendant reported 112, to the slope F belonging to the Busan East East Police Station E District, which called the Busan East Police Station, “I will drink with D with D, so I would like to drink at once, and I would like to put D with D, so I would like to punish D as I would be punished.”

However, the facts are as follows: D did not have a knife knife at the above date and time and at the above place and did not have the hand of the defendant; rather, D knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife from the defendant

Nevertheless, the defendant filed a false report to F who was dispatched after receiving 112 report for the purpose of having the above D subject to criminal punishment, and filed a false report.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police with regard to F;

1. Application of the photographic Acts and subordinate statutes;

1. Article 156 and Article 257 (1) of the Criminal Act related to the crime (the decision of a fine shall be made in consideration of the following facts: (a) contingent crimes committed during the period of punishment, which occurred between the siblings, in which mutual agreement is reached; (b) some of the circumstances may be taken into account in the course of committing the crime; and (c) the facts that all the facts charged, including the crime without being committed, are led to the confession

1. Articles 157, 153, and 55 (1) 6 of the Criminal Act to mitigate confessions;

1. Aggravation concurrent crimes;