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(영문) 대전지방법원 2014.11.03 2014고단2388
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

The defendant is the head of the third site of the Korean Metal Industry Trade Union, and D is the head of the environmental safety general affairs team of C Co., Ltd.

When the Defendant was dismissed through a disciplinary procedure while serving in the above company and refused access to the company, the Defendant abused D during the process of protesting against D on December 18, 2013, and when D submitted a complaint and submitted a criminal investigation, he/she was willing to submit a false complaint to the effect that he/she avoided his/her criminal responsibility and suffered damage from D at the time.

On February 27, 2014, the Defendant submitted a written complaint to the public service center of the Sejong Police Station located in Sejong-si Seoul Special Metropolitan City, 36, a Gun Office of the Seoul Special Self-Governing Province, stating that “The Defendant Defendant Defendant D, who was the Defendant, her wife, was sprinked on the neck, chest and shoulder by using violence and sprinking with the sprinking of the complainant (Defendant) around December 18, 2013, and thus, he/she was punished for the Defendant.”

However, the facts are limited to the fact that at the time the defendant had inflicted an injury on the defendant such as elbowing the chest of D, and there was no assault on the defendant, such as the above written complaint.

In this respect, the defendant was arrested for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A protocol concerning the suspect examination of the accused;

1. A written statement of F and G;

1. Each complaint;

1. A written diagnosis of injury;

1. Application of film-related Acts and subordinate statutes to the field czeb;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the crime of this case is that the defendant causes the risk of criminal punishment to the victim, and the liability for the crime of this case is not minor.

However, this case is in the process of conflict between labor and management.

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