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(영문) 대전지방법원 2015.04.23 2015고정37
무고
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On August 18, 2014, the Defendant prepared a written complaint against C using a black pen at the public service center of the Daejeon Police Station, Daejeon, Seo-dong, Seo-gu, Daejeon, Daejeon, 950.

The accusation statement stated that "the defendant C was at the time of the complainant in Daejeon Viewingro on August 15, 2014." However, C did not have any fact at the time of the defendant.

On the same day, the defendant submitted a written complaint to a person in charge who is unable to know his name at the public service center of the Daejeon Police Station for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. The statement made by the police on the defendant and its presence;

1. Entry of and existing statements on criminal complaint filed by the defendant;

1. Application of CD’s film-related statutes;

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

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

1. The defendant and his defense counsel asserted that the defendant's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order is true that the defendant seems to have shown C's fingers, and that the crime of false accusation is not established because it is merely an exaggeration to submit a written complaint.

According to the CD’s film among the evidence in its holding, following the Defendant and C’s son’s son’s son’s son around August 15, 2014, the Defendant and C were in conflict with each other in the Daejeon Round, and as the Defendant resisted to C, it can be confirmed that he son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son. Thus, there is a possibility that the son’s son’

However, the Defendant submitted a complaint to C, and the Defendant was investigated by the police at the time of drinking, and “The statement to the Defendant was obviously false, merely an exaggeration of the circumstances of the report,” and the Defendant is also false.

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