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(영문) 대전지방법원 2018.04.12 2017고정200
무고
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On July 31, 2015, the Defendant prepared a false complaint against D with a view to having D receive criminal punishment at the public service center of the Busan Police Station, which is located in the area of 733, as Seo-gu, Seo-gu, Daejeon.

The complaint is that "the defendant D, who is the defendant, prepared a marriage report and arbitrarily removed and shipped it, which would be punished," and that the defendant and D, together with the fact, did not have forged the marriage report.

Nevertheless, the defendant submitted the above complaint to the police officer who could not know his name in the public service center of the above police station on the same day and filed the complaint.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the prosecution against the defendant;

1. Inquiries about results of written requests to the Supreme Prosecutors' Office of Education, and factual inquiries;

1. In full view of the evidence duly admitted and examined by the Defendant, the Defendant visited D and the competent Gu office in order to receive the report of marriage, applied for departure from the workplace to complete the report of marriage, and visited the competent Gu office, and the written report of marriage under the name of the Defendant at the time was confirmed to be the Defendant. Considering these circumstances, it can be sufficiently recognized that the Defendant had committed a false criminal intent to escape from the complex location at the time, and that at least the report of false facts was reached the instant complaint with the intent to commit a criminal intent to escape from the complex location, and the Defendant’s assertion is insufficient to believe that the grounds for appeal are insufficient.

Application of Statutes

1. Relevant Article 156 of the Criminal Act concerning the facts constituting an offense, Article 156 of the Criminal Act selecting a fine, and the choice of

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;

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