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(영문) 대구지방법원 서부지원 2019.03.20 2018고단1928
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 August 10, 2017, the Defendant prepared a written complaint stating that “In spite of the absence of the fact that the Defendant committed indecent act by compulsion against B, the complainant was committing indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act against the complainant,” with the aim of having B punish the complainant as a crime of false accusation by indecent act by indecent act by indecent act by the complainant,” in which the Defendant had committed indecent act by indecent act by indecent act against B in the face of the progress of the Cheongongbuk-gun, the Defendant had committed indecent act by indecent act by indecent act against B.

Around that time, the Defendant prepared a written complaint as above and received the written complaint to the Sung-gu District Prosecutors' Office civil service offices by mail.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. A criminal investigation report, investigation report (verification of progress of the execution of the original indecent act case), investigation report (finding of the suspect's relevant case), investigation report (Binding with a separate right), investigation report (Binding with a copy of the record of the original indecent act), investigation report (Binding with a separate right to record of the original indecent act case), and investigation report (report attached to the judgment of the court of the second instance and the second instance on the crime of indecent act in the course

1. Application of the notification of reasons for non-prosecution statutes;

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

1. Articles 157, 153 and 55 (1) 6 of the Criminal Act for mitigation of confessions;

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 the fact that the defendant had committed indecent act by compulsion against the defendant B several times, and thus, the nature of the crime is inferior due to the fact that the defendant was accused of the defendant's complaint from the defendant's complaint, the fact that the defendant did not receive a letter from the defendant's complaint, and that the defendant has a past record of criminal punishment for more than 20 times for various crimes in the past, the circumstances unfavorable to the defendant shall be considered, and the defendant

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