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(영문) 서울동부지방법원 2018.11.28 2017고단4282
무고
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On May 19, 2017, the Defendant drawn up a false complaint against D and E with shot-type clocks at the Defendant’s office located in Songpa-gu Seoul and C.

The complaint filed “The complainant D, E, and the complainant, who caused a little verbal dispute with the Defendant on April 7, 2017, and there was no assault on them. However, the complainant suffered an injury by taking advantage of the Defendant.

The contents of "The punishment is different because the defendant did not have the complainant by making a false report to the police," and the facts of "D and E did not have any injury to D and E on April 7, 2017, and there was no fact that D and E did not dismiss the defendant.

Nevertheless, on May 22, 2017, the Defendant submitted the above written complaint to police officers whose name cannot be known at the Seoul Song-gu Seoul Police Station civil petition office located in 221, as Seoul Songpa-gu.

Accordingly, the defendant had D and E without the intention of having D and E receive criminal punishment.

Summary of Evidence

1. Statement made by the prosecution against the defendant, D or E;

1. A protocol concerning the examination of suspect of the police against D or E;

1. A copy of the protocol of D, a copy of D's statement, a copy of E's statement, and a copy of each injury diagnosis;

1. Complaint;

1. Application of the Acts and subordinate statutes governing victim DNA and photographic E;

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. Selection of an alternative fine for punishment;

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

1. The defendant's assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act does not inflict any injury on D or E, and there are some parts that are not accurately consistent with the contents of the complaint or are somewhat distorted.

Even if the defendant filed a complaint with his memory,

Therefore, the defendant asserts to the effect that he did not have any intention without intention.

In the crime of false accusation, the criminal intention is not necessarily required to be a conclusive intention, and it is also sufficient to dolusent intention. Therefore, it is true that the reporter is true.

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