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(영문) 의정부지방법원 2018.01.11 2016고정2309
무고
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a building owner of EF cafeteria located adjacent to C, operated by C, which has caused mutual conflicts over several years due to the boundary of C and land.

On June 30, 2016, the Defendant tried to install a string pole, which is the temporary installation of a boundary marking station, temporarily installed adjacent to EKafin D at the Namyang-si, Namyang-si.

This report was made to the effect that this C was made by telephone to 112 while she was in dispute due to the defect that C was trying to remove the string, and that “the Handphone was damaged by the Handphone at the next house.”

On June 30, 2016, the Defendant: (a) did not commit an assault against G G District H slope, sent to the site on June 13:18, 2016, and caused the Handphone to damage the cellphone; (b) however, the Defendant fell from the cell phone by C’s loss citing a mobile phone.

As such, the Court made a statement to the effect that it is strongly punished."

As a result, the defendant made a false accusation for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C, H and I;

1. Voluntary accompanying reports, CCTV images to be cut down, a detailed statement of processing cases 112 reported, CCTV images, and a recording file filed for 112 reported;

1. References to inquiries, such as criminal history, and application of the Acts and subordinate statutes to confirm and report the result thereof;

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

1. The judgment on the issue of the main sentence of Article 186(1) of the Criminal Procedure Act concerning the burden of litigation costs is that the defendant and his defense counsel have been assaulted by the police or have fallen on the mobile phone.

Inasmuch as there is no fact that false information is reported, C does not constitute false information as stated in the facts charged in the instant case.

The crime of genocide or false accusation is established when a false report is made to a public office or a public official for the purpose of having another person receive criminal or disciplinary punishment, and here.

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