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(영문) 부산지방법원 2016.07.07 2015고정4349
무고등
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

The defendant is a person who is the auditor of the representative meeting of occupants of Busan Jin-gu Seoul Metropolitan Government, and the victim D is a person who is the director of the representative meeting of occupants of apartment.

1. The Defendant of defamation, on April 14, 2015, listened to a total of five persons, including the Director of the Management Office, within the office of the representative meeting of the above apartment occupants, etc., and does not attend the meeting, on the condition that the victim does not drink and drink at the meeting, whether the victim “it is able to conceal the smell unless the victim speaks at the meeting, gushes who attend the meeting, at the end of the meeting, and at the end of the meeting;

At the same time, friend was driven by drinking, such friend was revoked, and the friend was said to have been consumed in a fine and then damaged the honor of the victim by openly pointing out false facts.

2. On April 14, 2015, at around 20:30 on April 14, 2015, the Defendant reported to the effect that “the Defendant was intending to bring an accusation against a driving under drinking” by 112 by putting his/her cell phone from the place indicated in paragraph (1), and stated that “the Defendant was able to drive under drinking” by putting the said D to F under the circumstances belonging to the Busan High Police Station E division dispatched to the site after receiving a report.”

However, in fact, the Defendant did not have any knowledge that he would drink or drive D, and there was no good space in relation to the duties of the representative meeting of the occupants of the above apartment.

D was merely a false report and statement in order to gather D, and D did not have any fact of drinking alcohol or drinking alcohol.

The defendant filed a false report and statement as above with the aim of having D be subject to criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the respective legal statements of witnesses D and G to the Acts and subordinate statutes;

1. Relevant Article 156 of the Criminal Act, Articles 156 and 307 (2) of the Criminal Act, the selection of fines for criminal facts, and the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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