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Reasons
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(영문) 대구지방법원 서부지원 2017.04.14 2016고정1057
무고
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On January 28, 2016, the Defendant prepared a false complaint with the aim of having the victim C criminal punishment by the public service center of the Daegu Seongbuk Police Station for the purpose of having the victim C receive criminal punishment.

The complaint filed "C, on January 27, 2016, was 2-3 times to the complainants who use telephone equipment installed in the management office in the Seo-gu Office of the Daegu apartment complex D apartment 2 complex management office, and caused a suspension of the right to the right because C, the complainants who have flaged a gral fire with a flag, who have flag, flag, so far as they have flaged 2-3 times to the flag.

“The content was “.....”

However, even though the injured party's speech that the victim would not use the telephone device to the defendant and take off the telephone terminal, it was stated in the complaint that the above false facts were made for the purpose of having the victim criminal punishment, and submitted it to the Daegu Seongbuk Police Station on January 28, 2016 to the victim's accusation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor against the defendant by the prosecution;

1. Statement made by the police against C;

1. A written complaint, a written injury diagnosis;

1. Application of the Acts and subordinate statutes to which a petition or an action not filed is known;

1. Article 156 of the Criminal Act and the selection of fines concerning facts constituting an offense;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of Provisional Payment Order, when the accused was committed in this court, shall be taken into account such factors as the confession and reflection of the crime in this case, and the agreement with the person who was the victim

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