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(영문) 대전지방법원 2017.2.9.선고 2017고정50 판결

무고

Cases

2017False 50

Defendant

A

Prosecutor

Kim Jong-chul (prosecution), and reflectrs (public trial)

Imposition of Judgment

February 9, 2017

Text

Defendant shall be punished by a fine of KRW 5,000,000. Where the Defendant fails to pay the above fine, the above Defendant shall be confined in a workhouse for a period calculated by converting KRW 100,000 into one day.

To order the defendant to pay an amount equivalent to the above fine.

Reasons

Criminal facts

On August 5, 2016, the Defendant: (a) in a singing practice room located in Seo-gu, Daejeon, Daejeon; and (b) in the said singing practice room, the Defendant, despite the absence of any fact that the Defendant sold alcoholic beverages or had a chance to do so in the said singing practice room, the Defendant reported that the proprietor of the instant singing practice room was called 112 by telephoneing the said D for the purpose of criminal punishment as he was refused, and then, (c) in the F restaurant located in Seo-gu, Seo-gu, Seo-gu; (d) on the same day, he made a statement to the effect that he was a police officer in charge of the Daejeon Police Station G District at Daejeon, and (e) made a written statement to the effect that he was aware of the same.

However, the facts are that the defendant was refused by demanding the above D to provide alcohol and gambling while under the influence of alcohol, and there was no fact that the above D sold alcohol to the defendant or attempted to do so. Accordingly, the defendant filed a false complaint against the defendant for the purpose of having D subject to criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding D;

1. 112 Declarations and written statements of the accused;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 156 of the Criminal Act (Selection of Fine)

1. Mitigation of confession;

Articles 157, 153, and 55(1)6 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

It is so decided as per Disposition for the reasons under Article 334(1) of the Criminal Procedure Act.

Judges

Judges Kim Young-jin