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(영문) 대구지방법원 2019.08.22 2019고단2515
무고
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 22, 2018, the Defendant submitted a written complaint at the Daegu Northern Police Station located in 100 as Daegu Northern District, stating to the effect that “B, on October 6, 2018, found B in our house and intended to take an end at the time five times in his/her hands, and he/she appeared in the Daegu Northern Police Station around October 28, 2018, and stated to the effect that “B was punished five times in his/her hands because B was punished five times in his/her hands, taking care of his/her will at our house.”

However, there was no fact that B was at the time of the defendant.

As a result, the defendant brought a false accusation against B for the purpose of having the criminal punishment imposed upon B.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning B and C;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to a report on damage to a suspect A on October 19, 2018).

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

1. Article 52 (1) and Article 55 (1) 6 of the Criminal Act for mitigation of self-denunciation;

1. The reason for sentencing of Articles 70(1) and 69(2) of the Criminal Act is that the defendant's liability for the crime is not somewhat weak.

However, the punishment as ordered shall be determined by taking into consideration the age, character and conduct, environment, circumstances before and after the crime, etc. of the defendant, such as the fact that the defendant recognizes the crime, the fact that the defendant is not guilty, the fact that the defendant does not want the punishment of the defendant.

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