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(영문) 인천지방법원 2016.08.19 2016고정1974
무고
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant had opened his cellular phone from around 2010 to his family.

B In September 2015, in order for B to not pay for the installments of the mobile phone, which was promised by B to discontinue business around September 2015, B had the intention to file a false complaint with the intent that B arbitrarily opened the mobile phone by stealing the name of the child of the Defendant.

On January 4, 2016, the Defendant had ASEAN prepare a false complaint with respect to B by the public service center of the Incheon Southern-dong Police Station located in 668, Nam-gu, Incheon, Nam-dong, Incheon.

The complaint was filed on July 2015, and December 2014, that the defendant allowed B to open a cell phone under the name of C, which is the defendant's child, because D Company B opened two cellphones without his/her own will.

Nevertheless, the defendant had the above C submitted the above complaint to a police officer who is unable to know his name at the public service center of the Incheon Southern-dong Police Station as above, and had B receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Statement made by the police against C;

1. Investigation report (the confirmation of the mobile phone user of the main case);

1. C Application of the Acts and subordinate statutes governing filing of complaint;

1. Article 156 of the Criminal Act applicable to the crime, Articles 156 and 34 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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