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(영문) 의정부지방법원 2016.08.25 2016고정617

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 November 11, 2015, at the Defendant’s residence located in Namyang-si, E, 1601 East 1901 East 1901, the Defendant used a computer to connect to the Defendant’s Internet homepage (htp://www.epeople.go.go.r) of the civil rights committee, and written a false civil petition with respect to F.

The contents of the civil petition are as follows: “F, the director of the G viewing division, abused his position and allowed the worker to work at G Culture Center by drilling the competition rate of 300 to 1, and without the relevant certificate of qualification; and F, the content that “F, who is operating the public works-related enterprise of I, ordered the students of G Culture Center to perform civil engineering works; and in fact, F, did not abuse his position to have H, who did not have a certificate of qualification, employed at G Culture Center; or had J conduct civil engineering works.

Nevertheless, on November 11, 2015, the Defendant submitted a written civil petition application on a citizen newspaper who is a citizen of the civil rights committee and on its website.

As a result, the Defendant indicted F with K, but this appears to be a clerical error in the F, thereby correcting it ex officio.

The purpose of the criminal punishment was to have the criminal punishment imposed.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F and J;

1. Results of inquiries and replies about facts;

1. Details of counseling on civil petitions in the new electronic civil petition counter and daily reception of the sound of citizens;

1. Application of Acts and subordinate statutes to a investigative report (a report on confirmation of a contract concluded between I and G viewing);

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel did not know that the content of the application was false at the time when the application for civil petition was made, and the F had no purpose of having the F punished criminal punishment.

The argument is asserted.

2. Determination

A. The offense of false accusation of relevant legal principles is criminal or criminally committed by another person.