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(영문) 의정부지방법원 2013.11.20 2013고단3224
무고
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Around June 17, 2013, the Defendant drafted a written complaint on B at the civil petition office of the Gu Government Police Station in the Gu Government-Si, 420 Dong-dong 420.

The petition was filed on June 14, 2013, with the phone called "one million won from the respondent sent the phone to resolve his or her fraud and paid money," and the fact was that "B did not have any fact that he or she paid money to the defendant by telephone."

Nevertheless, the Defendant prepared a written petition as above and submitted the written petition to a police officer whose name is unknown at the public service center of the police station on the same day.

Accordingly, the defendant was arrested for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police against A (No. 7 No. 5, No. 21)

1. A written petition;

1. Application of trade-related Acts and subordinate statutes;

1. Article 156 of the Criminal Act applicable to the crimes;

1. Selection of a selective fine for punishment (such as: (a) the first offender who has no criminal record; (b) the developments leading up to the failure to file an accusation; and (c) the confession of an accusation and the confession of an accusation; and (d) the fact that the person under consideration appears not to have any particular injury, etc.);

1. Articles 157, 153, and 55(1) of the Criminal Act (i.e., self-cons., statutory mitigation);

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;

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