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(영문) 창원지방법원 마산지원 2015.04.14 2015고정48
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 October 29, 2013, the Defendant was sentenced to a fine of one million won for the crime of injury to C in the Changwon District Court's Musan Branch's branch on October 29, 2013, and was sentenced to a false accusation of C and D, which testified in the above trial, with perjury, to have them criminal punishment.

On September 28, 2014, the Defendant appeared and taken an oath as a witness of the Defendant’s bodily injury case against the complainant at the Changwon District Court Decision 2013Ma254 around July 4, 2013, for the purpose of having C and D subject to criminal punishment, at the Mapo-dong Police Station, the Defendant made a false testimony to the effect that “C, around October 27, 2012, was damaged by sticking to the head, etc. of the body, etc. by the complainant,” and D made a false testimony to the effect that “A and D, such as the Defendant, have observed witnessing C to display stick toward C, and punished C and D as perjury, and submitted a false testimony to the Yongsan-dong Police Station on the same day.”

However, there was a fact that the defendant inflicted an injury on C around October 27, 2012, and C and D were true testimony.

Nevertheless, the Defendant filed a false complaint with C and D by submitting a false complaint.

Summary of Evidence

1. A criminal complaint prepared by the defendant;

1. Each protocol of examination of the witness with respect to C and D;

1. Each police suspect interrogation protocol of C or D;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 156 of the Criminal Act applicable to the crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

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

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