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(영문) 대구지방법원 영덕지원 2012.12.05 2012고단67

무고

Text

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

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

Reasons

Punishment of the crime

On June 7, 2011, the Defendant prepared a false accusation with the purport that “F would make D’s children E as a basic living recipient from around July 2007, and violated the Attorney-at-Law Act by receiving 8.5 million won under the pretext that F would make D’s children as a basic living recipient,” and then submitted it to the police officer in charge, after making a false accusation with the purport that “The Defendant violated the Attorney-at-Law Act by receiving 8.5 million won under the pretext that D’s children as a basic living recipient.”

As a result, the defendant was arrested by F with the aim of having F punished criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Entry of F in the protocol of suspect examination by the prosecution;

1. Statement of the police statement regarding E;

1. Application of each Act or subordinate statute stated in the accusation (Evidence No. 1), reply materials, integrated investigation table of welfare beneficiaries, medical certificates for persons with disabilities, psychological evaluation reports, and welfare cards;

1. Relevant Article of the Criminal Act and Article 156 of the Criminal Act concerning the selection of punishment;

1. Articles 157 and 153 of the Criminal Act for statutory mitigation;

1. The grounds for the sentencing of Articles 70 and 69(2) of the Criminal Act for the detention in the workhouses are to be subject to criminal punishment by a person who is not subject to criminal punishment, and it is necessary to prohibit such act, and the corresponding punishment should be imposed.

However, in this court, the defendant confessions and reflects the facts of the crime, and the F does not have any result of criminal punishment due to the defendant's act of false accusation, etc. The defendant has no record of criminal punishment after 1969, and is sentenced to a fine in consideration of favorable sentencing conditions, such as the defendant's age, character and conduct, and circumstances after the crime, and all other sentencing conditions, such as the defendant's age, character

Parts of innocence

1. The Defendant in this part of the facts charged is a person who had worked as the chief secretary of the office of attorney-at-law, and the F, who was known to the general public around October 2010, North Korea-Si, Gyeong-gu.