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(영문) 부산지방법원 2016.08.25 2016고정1928

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

On September 19, 2014, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (Habitual Assault, etc.) at the Busan District Court (hereinafter referred to as the “Sovereign”) and the judgment became final and conclusive on May 12, 2016.

Around 01:00 on March 6, 2013, the Defendant: (a) prepared a written statement to the effect that “Dudio” of the management of the Si, located in the Geum-gu, Busan, to the effect that “Dudio” would be punished for each other as a matter of drinking value; and (b) written statement to the effect that “A police officer assigned to the Kuung-gu, Busan, who was dispatched to the Republic of Korea upon receipt of a report of the 112 report that there was a drinking value as a matter of drinking value; and (c) submitted it to the police officer F, G, K, L, and M to the effect that “I sold alcoholic beverages to juveniles in this singing; (d) around 02:00 on the same day, the Defendant sold these alcoholic districts located in the Geum-gu, Busan; and (d) prepared a written statement to the effect that “I and other four persons sold both alcoholic beverages without verification of identification in the singing” to the police officer F, G, G, I, and M.

However, there was no fact that the above singing operators or employees sold alcoholic beverages to juvenile I et al.

In this respect, the defendant made a false accusation for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Each written self-statement;

1. Previous convictions in judgment: Inquiry about criminal history, application of investigation reports ( current status of personal identification and confinement, and appending a copy of the judgment of related cases);

1. Relevant Article 156 of the Criminal Act concerning the facts constituting an offense, Article 156 of the Criminal Act selecting a fine, and the choice of

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to be mitigated by law;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;