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(영문) 대구지방법원 포항지원 2017.06.14 2016고정519
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 August 8, 2016, the Defendant prepared a complaint against C with the aim of having C receive criminal punishment from a port prison, which is located in 1001, as it was in the north-west Sea of Pohang-gu.

The gist of the accusation was that “The Defendant C, a party to the lawsuit, submitted to the Daegu District Public Prosecutor’s Office around July 1, 2016, a false complaint stating that he/she was subject to intimidation around March 2, 2016 and around March 4, 2016, and submitted to the Daegu District Public Prosecutor’s Office, the Defendant C, a party to the lawsuit, was punished as a crime of false accusation, and thus, the Defendant C, a party to the lawsuit was punished.”

However, in fact, on March 2, 2016, the Defendant: (a) to Defendant C in the first floor D of the Sinpo Port Correctional Institution; (b) whether the Defendant “a person gives instructions to be subject to the attachment;

Does the head of the Ban do,

The head of the Ban and the head of the Ban, she would get off, she would get off, she would get out of, and she would get out of, what he would be better, and even if he would get out of, what he would cause a problem with Defendant C, which would then go to the disciplinary room. On March 4, 2016, the Defendant C, who was the Defendant at his office, threatened the Defendant C with the face of Defendant C, stating, “after being her sexual assaulted, she would have to be dead, she would have to be dead, me saw, and she would have to be sentenced to death.”

Nevertheless, on August 30, 2016, the Defendant sent a false complaint to the public service center of the Daegu District Public Prosecutor's Office, which is located in the 181 branch office of the public service office of the Daegu District Public Prosecutor's Office, by mail, and filed C without delay.

Summary of Evidence

1. Each legal statement of C, E, and F;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Each police statement made with respect to C, E, and F;

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

1. Article 156 of the Criminal Act applicable to the crime and Article 156 of the Selection of Punishment Act;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit;

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