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(영문) 창원지방법원 마산지원 2019.10.30 2019고정164

무고

Text

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

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

Reasons

Punishment of the crime

On December 22, 2018, at around 21:40, the Defendant reported 112 the following: (a) within the facility office operated by C in Changwon-si, Changwon-si; and (b) even though D had no assaulted by D with D due to his illness, the Defendant reported 112 to the effect that D was in a dispute with D during the course of drinking D and alcohol; and (b) the Defendant stated that “A police officer, who was dispatched upon receipt of the report, abused D himself due to his infinite disease, is subject to punishment.”

In this respect, the defendant was arrested for the purpose of having D receive criminal punishment.

[A. The Defendant filed a true report with the Defendant, and later received D’s request, and made a statement at the investigative agency to the effect that there was no false fact. The gist of evidence is as follows: (a) the Defendant reported to the effect that “the Defendant was assaulted due to illness” and stated to the police officer dispatched to the site to the effect that “D was subject to punishment,” and that he was punished; (b) on the other hand, during the process of the occurrence of D’s face on the day of the instant case, the fact that the relevant soldier was broken, and that D did not have any fact that D did not face the face of the Defendant; (c) the Defendant’s assertion is rejected; and (d) the Defendant’s assertion is not accepted.

1. Witness D and C each testimony;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes on detailed statement of reported case settlement; and

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.