무고
2017False 50
A
Kim Jong-chul (prosecution), and reflectrs (public trial)
February 9, 2017
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.
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 Kim Young-jin