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(영문) 대전지방법원 2020.10.14 2020고단1991
무고
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who worked as an assistant nurse at the C Care Center in Kimpo-si B.

On November 20, 2019, at around 14:13, at the Criminal System of the Kimpo-dong in Kimpo-si, Kimpo-si on November 20, 2019, the defendant was present and was investigated by the defendant due to the assaulting D from the above medical care center on November 1, 2019, the defendant submitted the above case to E during the investigation process, stating that "D was head at his own house, was cut back at his own house, was cut down several times in his blus book, and was distributed to his arms and blus book. I want to punish D and deliver a written complaint to D," and the above circumstances stated that "D, who is the defendant, will be punished for D, will deliver a written complaint." At around 3:00 on November 1, 2019, I sold the blus book to the head of the C Care Center at the fourth floor and distributed it to the head."

However, the facts that D was assaulted by the defendant only, but there was no assault against the defendant as above.

As a result, the defendant was arrested for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the accused's partial statement D, F's respective legal statements D, and F's respective prosecutorial statement protocol concerning F;

1. Article 156 of the Criminal Act and Article 156 of the same Act concerning criminal facts and the choice of fines;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The fact that the crime of false accusation not only interferes with the State's right to investigation and proper exercise of jurisdiction, but also causes considerable pain and danger to the victim, and thus, requires strict punishment; circumstances favorable to the defendant that are consistent with the vindications: (a) there is no other criminal records that have been punished by the fine due to assault related to the instant case; (b) there is no other criminal records that have been punished due to the assault related to the instant case; and (c) there is

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