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(영문) 부산지방법원 2016.05.11 2016고정8
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 November 21, 2014, the Defendant drafted a false complaint against E at a minor place.

A written complaint submitted a false complaint stating that “E has inflicted an injury upon E on or around September 15, 2014, while A has not inflicted an injury on E, at D main points located in the Busan BYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

Nevertheless, on November 21, 2014, the defendant submitted a written complaint to the public service center of the Busan Coastal Police Station located in the Seosan-dong, Busan Metropolitan City.

In this respect, the defendant made a false accusation against E for the purpose of criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and C;

1. Each report on investigation;

1. The written complaint (the defendant and his defense counsel did not mean that the accusation of the defendant without prejudice against E does not constitute a false accusation since the defendant did not inflict any injury on E;

The argument is asserted.

However, according to the above evidence, the defendant inflicted an injury on the D main points located in N in Busan Metropolitan Government on August 10, 2014, and Eul filed a complaint on the above facts on September 15, 2014, and the defendant was sentenced to a fine of one million won as an injury by the Busan District Court on October 8, 2015, and the above judgment became guilty on March 18, 2016. Accordingly, according to this, it can be sufficiently recognized that the defendant filed a complaint on the above facts.

Application of Statutes

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

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

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