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(영문) 대구지방법원 의성지원 2018.02.05 2017고단35
무고등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On August 22, 2016, the Defendant: (a) prepared and sent a letter to the victim D prosecutor of the Daegu District Prosecutor’s branch office affiliated with the Daegu District Prosecutors’ Office, which issued a non-prosecution disposition with respect to the accused’s complaint case using the pentle in the direction of the determination of the progress of the Cheong-gun, Gyeong-do; and (b) around August 22, 2016.

The content of this letter was to the effect that “D's death is subject to punishment, livered to a bomb, slided, and D's death is multiple,” and around that time, the victim threatened the victim by allowing the victim to receive the above letter.

2. Of the facts charged in the instant case, the part of “G Department” in the column 2 of Article 2, “A prison officer G division” in the column 6 of Article 2, and “G department” in the column 12 of Article 2, among the facts charged in the instant case, shall be deemed to be an obvious error that has not been deleted in the process of amending an amendment to an indictment. Therefore, only the facts charged that deleted this part shall

On December 2, 2016, the Defendant drafted a complaint with respect to the members of the disciplinary committee belonging to the pertinent prison (hereinafter “instant complaint”) using the live pension in the lives ward in the 1st century, which is on the road for the determination of the progress of the Cheongong-gun, Chungcheongnam-do.

The accusation of this case merely stated that “the Defendant, around December 14:30, 2016, placed the prisoner F and a long term in the Gando E (hereinafter “instant confinement room”), and “the head must do so” in the instant complaint, but did not violate the discipline by engaging in disturbance, etc., the disciplinary committee imposed punishment on the Defendant based on false facts, and thus, punished the illegal confinement.”

However, the disciplinary committee did not dispose of the defendant's illegal confinement on the basis of false facts because the disciplinary action was taken based on the defendant's act of violation of discipline in the disciplinary committee.

Nevertheless, on December 22, 2016, the defendant filed the complaint in this case with the public service offices of the Daegu District Public Prosecutor's Office located in the roads of the Sung-gun of Seongbuk-gun, Sung-gun.

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