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(영문) 서울중앙지방법원 2017.11.22 2017고정3312
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 July 14, 2017, the Defendant filed a false report at the Seoul detention center B office located in 143, Annyang-ro, Annyang-ro, Annyang-ro, 16:0, on July 14, 2017, that the Defendant received tobacco from Annun C, who received the same prisoner D, to smoke in the detention center.

On July 19, 2017, the Defendant continuously filed a false report with the content of the aforementioned report by submitting to the said D the fact that, during the investigation, the Environment U.S. dollars E transferred tobacco with the rate of tobacco rates, the Defendant could be seen as “tobacco” as evidence and filed a false report.

However, in fact C did not have received tobacco delivery from D, and did not have smoked in the detention house, and E did not have delivered tobacco smoke to D as above.

Nevertheless, on July 14, 2017 and around the 19th day of the same month, the Defendant reported the above false report to a correctional officer who is unable to know his name in Seoul detention center B.

Accordingly, the defendant was committed for the purpose of having C, D, and E receive criminal punishment or disciplinary action.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol with respect to F, A, D, C, G, and E;

1. Protocols of seizure, list of seizure and expert report;

1. Each self-written statement, each written statement, each work report, and each investigation report;

1. Application of Acts and subordinate statutes to any documentary evidence photograph (A)

1. Article 156 of the Criminal Act concerning the facts constituting an offense;

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

1. Statutory mitigation under Articles 157, 153, and 55 (1) 6 of the Criminal Act (abstinence, etc.);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is that the defendant confessions the crime of this case at an investigative agency and reflects his criminal act, but it is not good to commit the crime, such as submitting fake tobacco for the purpose of deceiving the victims, and the defendant has been admitted in the past.

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