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(영문) 광주지방법원 2019.01.11 2018고정1264
무고
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[Attachment to the latter concurrent crimes of Article 37 of the Criminal Code] The defendant was sentenced to three months of imprisonment with prison labor for an act of false accusation at the Gwangju District Court on May 16, 2018, and the above judgment became final and conclusive on June 4, 2018.

【Criminal Facts】

On February 1, 2018, the Defendant drafted a complaint filed against B and C in the Gwangju Prison located in 49-43(Triangdong-ro 49-43(Triangdong-dong).

The accusation statement states that "A person who, around 23:00 on April 11, 2017, uses gasoline 20 litresponding a hospital and driving away from a hospital, or who interferes with the diagnosis and treatment of an emergency patient by an emergency medical personnel with the medical treatment of an emergency patient by an emergency medical personnel does not constitute such a crime as a crime of non-fluoring the above nurse B. D Hospital C, April 22, 2017, has the fact that the nurse committed an assault against the principal by putting violence that is fluoring smartphones. C, which is punished by violence, was punished by violence, and was fluoring the Defendant as above, and there was no fact that C committed an assault."

Nevertheless, around February 5, 2018, the defendant submitted the above complaint to the 7-12 Gwangju Dong-gu law-abiding District Prosecutors' Office by mail.

Accordingly, the Defendant reported false facts to public offices for the purpose of having B and C punished criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the police statement concerning B and C;

1. Existing written complaint;

1. A judgment;

1. Each investigation report (including attachment of a copy of a photograph of ctv image on April 11, 2017, accompanied by confirmation of the content of the video at the time of the occurrence of the case);

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (including attached documents, such as a copy of the written judgment;

1. Article 156 of the Criminal Act as to the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 157, 153 and 55 (1) 6 of the Criminal Act for mitigation of confessions;

1. Article 37 of the Criminal Code for the Handling of Concurrent Crimes

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