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(영문) 대구지방법원 안동지원 2015.09.25 2015고단485

무고

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 6, 2015, the defendant submitted a complaint to the public service center of the Daegu District Public Prosecutor's Office located in 306, Gangnam-gu, Dong-si, Dong-dong, Dong-si, Dong-si, Dong-si, the defendant's office C and the defendant's office who belongs to the Dong-dong Police Office

On January 14, 2015, the contents of the complaint were as follows: (a) although the complainant was negligent in driving the cargo vehicle in error and damaged the 13 saccines in the orchard owned by E, the defendant's saccines were thought to have divided insurance money into others; (b) the defendant's saccines entered the cargo vehicle owned by the sacc and sold to the lower part of the cargo vehicle; and (c) the defendant's saccines were punished as a police officer for the above purpose.

However, in fact, around 14:00 on January 14, 2015, the defendant granted the above traffic accident and destroyed sacrine trees, etc., and the defendant did not commit an illegal act such as forging evidence on another person's criminal case and neglecting his duties with the aim of transferring insurance money.

Accordingly, the defendant reported false facts to D for the purpose of having D punished criminal punishment.

Summary of Evidence

1. Examination protocol of suspect E by the prosecution;

1. Investigative report (Attachment of Copy of Protocol of Examination of Witness), investigation report (Attachment of Decision of the first instance court in cases of violation of the Road Traffic Act and details of proceedings of cases);

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 156 of the Criminal Act and Article 156 of the same Act concerning criminal facts and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is denied by the defendant, and is not against the law, and the crime of false accusation is committed under the unfavorable circumstances, such as the fact that it harms the national judicial order, and considering the overall contents and circumstances of this case, it seems that police officers D seem to have little possibility of actually becoming the defendant in criminal procedure, and other matters after the defendant's age, character, conduct and environment, and crime.