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(영문) 서울남부지방법원 2016.01.13 2015고정1761
무고
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant and D are members of the F church in Yangcheon-gu Seoul Metropolitan Government, and the F church is divided into an affirmative and opposing strike with respect to all the members of the F church, and the dispute is continuing after the mediation is divided into an opposing strike, and the defendant and D are members of the opposing strike, respectively.

On December 7, 2014, around 17:00, the Defendant reported to the 112th floor of the F church located in Yangcheon-gu Seoul Metropolitan Government, that “Around December 17, 2014, the Defendant was assaulted by breaking the floor of the Kamera, which was cited by the Defendant, to see that “(the Defendant) was fluorily fluored from the stairs of the third floor of the D 3rd floor.”

However, in fact, D did not commit violence by breaking the defendant over the floor of the smuggling.

Nevertheless, the defendant reported 112 to police officers who could not know the name of the Yangcheon Police Station at the same time.

Accordingly, the defendant was committed for the purpose of having D criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes to video CDs or copies of transfer notes;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Article 186(1) of the Criminal Procedure Act provides that the defendant's assertion and defense counsel's defense counsel's assertion and judgment of the costs of lawsuit shall be based on the victim's access first to the victim and the victim's head is faced with. However, the victim has exercised a tangible power to cover the defendant in the process of defending the victim's head, and the victim has exercised such tangible power, so long as such tangible power was exercised, it constitutes the elements of the crime of assault. Thus, it is not illegal because it constitutes a legitimate act.

Even if so, it is argued that the reported acts cannot be viewed as false.

However, the injured person has a tangible power on the defendant.

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