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(영문) 인천지방법원 부천지원 2013.12.30 2013고정1870
무고
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 24, 2013, at the defendant's house located in Seocheon-gu, Seocheon-gu, Incheon, the defendant made a false complaint that "D submitted a false medical certificate with respect to the case (the defendant's complaint was filed against injury) No. 11972, D submitted a false medical certificate and made a payment of a fine. It clearly stated that this is false, and received it by mail at the public service center of the Incheon District Public Prosecutor's Office on June 27, 2013. On July 19, 2013, the defendant made a false statement to supplement the above complaint at the Seocheon-gu, Seocheon-gu, Seocheon-gu, Incheon, Seoul, and 1105, which was located in Seocheon-gu, Seoul, and the defendant made a false statement to D around January 29, 201, and the defendant punished for the crime of injury on or around March 10, 201."

However, the facts showed that the defendant inflicted a bodily injury on January 29, 201 by smuggling, and that the defendant was finally sentenced to a fine of KRW 300,000 on May 10, 2012.

Accordingly, the Defendant brought D’s complaint as above.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes on investigation reports (Attachment to A and D rulings related to accusation and complaint);

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

1. Articles 157 and 153 of the Criminal Act for mitigation of confessions;

1. Articles 70 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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