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(영문) 광주지방법원 목포지원 2019.08.13 2018고정239
무고
Text

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

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

Reasons

Punishment of the crime

Around February 21, 2018, the Defendant drafted a false complaint with respect to B with the purport that “The Defendant, a dentist, did not consent to the discovery of a baby by the complainant on March 4, 2017, even though he/she did not consent to the discovery of the baby, he/she would be punished for injury.”

However, in fact, as the defendant heard the explanation about the outbreak from B and consented to the discovery, there was no fact that B arbitrarily issued the defendant's infant and inflicted an injury on the defendant.

Nevertheless, the defendant requested B to allow the above dental services to be carried out free of charge, but it was refused on the ground that he had been given normal treatment, and as a result, the defendant applied B to provide free treatment for dental services and ordered B B to be subject to criminal punishment. On February 21, 2018, the defendant submitted and received the above written complaint to the officer in charge at the public service center of the Jeonnam Police Station's office at the Jeonnam Police Station, which was 300 Simpo City, for the purpose of preventing B from being subject to criminal punishment.

Accordingly, the defendant was dismissed for the purpose of having B be subject to criminal punishment.

Summary of Evidence

1. Legal statement of the witness B;

1. A person who has filed a complaint, C values and diagnostic and treatment fees, X-ray car;

1. A criminal investigation report relating to the confirmation of C values and receipt records;

1. Requests for appraisal;

1. Application of Acts and subordinate statutes of Part II to the table for dealing with an investigation report (Attachment to a medical record book), one copy of medical records, investigation report (Attachment to a table for dealing with a reported case), and 112 reported cases;

1. Relevant Article of the Criminal Act and Article 156 of the Criminal Act concerning the selection of punishment;

1. Articles 70 (1) 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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