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(영문) 광주지방법원 순천지원 2014.11.12 2014고단1521
무고
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On August 21, 2014, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Public Official Election Act in the Gwangju District Court's net 2000,000 and a fine of KRW 1 million for larceny, and is currently subject to a trial at the appellate court.

On April 28, 2014, the Defendant prepared and submitted a complaint stating the false fact that “B (Cparty and Jeonnam-do party election) provided CCTV in the form of election publicity activities by the complainant to KS D reporters, etc., and then published false information by causing the complainant to steals the report on parliamentary activities of B as if the complainant had stolen the report,” and around May 19, 2014, the Defendant stated the same content to E police station and expressed his/her intent to be punished for B.

However, around February 26, 2014, the Defendant stolen 14 copies of the report on parliamentary activities on the elector’s ownership of the elector, whose name is not known, in F apartment 101 Dong and 102 Dong at all times. On August 21, 2014, the Defendant was sentenced to a fine of KRW 1 million in relation to the above theft.

Accordingly, the defendant did not appeal B.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Printeds of news reports, and prints after capturing a news report screen;

1. Indictment and one copy of the judgment;

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

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

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

1. A complaint is filed to the effect that the Defendant is against the sentence of a fine of KRW 2 million, and there is no criminal record exceeding the fine, and that the Defendant brought a report on parliamentary activities to the effect that the content of the report in the judgment becomes the publication of false facts, because the Defendant did not have the criminal intent of theft, while recognizing that the report on parliamentary activities was made.

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