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(영문) 인천지방법원 부천지원 2016.08.25 2016고정762

무고

Text

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

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

Reasons

Punishment of the crime

The Defendant submitted a complaint to the effect that, around June 25, 2015, at the public service offices of the Incheon District Public Prosecutor's Office's Office located in Seocheon-gu, Seocheon-gu, Incheon District Public Prosecutor's Office, and at the public service offices of the Incheon District Public Prosecutor's Office located in Kimpo-si, Kimpo-si, D, one of the occupants of Kimpo-si C apartment 303 Dong residents, shall be the Defendant, and D, from the above apartment, the Defendant posted a poster stating "the 303 non-definite at the end of non-definite," which read "the 303 non-definite, the chairperson of the above non-definite A shall spread va in the bulletin board apartment as the Do bank, and attached the poster as above, around July 13, 2015, D shall be present as the complainant, and around June 19, 2015.

Supplementary statement was made.

However, in fact D did not have attached the posters of the above contents to the above apartment bulletin board and each household door.

In addition, even though the defendant did not have observed or otherwise confirmed whether D attached a poster as above, and thus, the above accusation was not true, the defendant submitted the above complaint and made a supplementary statement to the complainant for the purpose of having D punished criminal punishment.

Accordingly, the defendant raised D's free will.

[In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, the fact that the Defendant reported the fact that there is no conviction in the truth without reasonable grounds for the purpose of having D criminal punishment.

① The Defendant filed a complaint with D and made a supplementary statement to the complainant, without any confirmation, on the sole basis that the dispute related to the use of the apartment house, which had been between the Defendant and D, was described twice a day from the standpoint of D, and without any other grounds, did not take any measures such as witness.

② However, the above poster contains a majority of the contents of the dispute unrelated to the defendant, and it was between the defendant and D.