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(영문) 대전지방법원 2015.10.02 2015고단2366
무고
Text

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

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

Reasons

Punishment of the crime

On November 21, 2014, the Defendant prepared a false complaint with respect to C at the Daejeon Middle-gu Daejeon Police Station located in the center of Daejeon, and submitted it to the above police station on the same day, and on the same day and January 28, 2015, the Defendant appeared at the above police station and made a statement by the complainant.

The purport of the statement of the complainant and the complainant was that "A, who is the defendant, requests the complainant to open a cell phone and deliver it to the complainant, and C, who is the defendant, made a threat to the complainant, such as "if the complainant enters an agency to monitor the complainant to open the cell phone and leave it as a stick for the opening, it is not possible to hold a house," and the complainant sent two cell phones to D without any choice by the complainant, so that C, who is the defendant, was punished as a crime of extortion."

However, in fact, the defendant opened a mobile phone from D introduced through C to avoid any problem by leaving the mobile phone within 3 months from the face of the week, and opened a mobile phone with the intention of paying 200,000 won in return, and delivered it to D, and the defendant was not allowed to open a mobile phone through intimidation from C.

As a result, the defendant brought C without any criminal punishment against C.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Once part of the first examination protocol of prosecution with regard to D (including part of the cross-examination of prosecution with regard to A and C);

1. Part of the protocol concerning the examination of suspect C by the prosecution (including the whole part of the A);

1. Statement of the police statement A;

1. E statements;

1. Investigation report (related to the whereabouts of a mobile phone, phone call of an agent member);

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 156 of the Criminal Act and the choice of fines concerning the crime;

1. Articles 157, 153 and 55 (1) 3 of the Criminal Act for statutory mitigation;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;

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