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(영문) 대전지방법원 2014.02.19 2013고정2272
무고
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Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 2008, the defendant asserted as the president of the Daejeon District Court, and around April 2008, the defendant borrowed 2 million won from the victim D, but did not complete the loan, and the defendant was able to receive a small-sum claim.

On October 19, 2012, the Defendant submitted a written petition to the Daejeon District Prosecutors' Office located in Seo-gu, Seo-gu, Daejeon. The content of the written petition was that from April 2008 to April 2008, the victim D violated the E apartment 303 805 and 602 of Daejeon Jung-gu, Daejeon and the F apartment 103 602 in which the Defendant had resided until the date of submission of the said written petition. On December 18, 2011, the Defendant infringed on the 403rd-gu Office of Daejeon, Seo-gu, Daejeon.

Accordingly, around October 22, 2012, the public prosecutor's office made a statement that the defendant submitted a written complaint that the victim D intrudes into his/her apartment. On December 10 of the same year, when the victim D was present at the Daejeon Middle Police Station and the Criminal Three Team Office and made a statement as the complainant, the victim D intrudes into the defendant's office by an irregular method at least 30 times a year from September 2008 to the date of the above statement. On December 9, 2012, the victim D intrudes into the defendant's office at least 30 times a year from September 2008 to December 30 to December 10, 208:

However, the facts are that D did not intrude into the defendant's house and the defendant's office from September 2008 to the above statement.

Accordingly, the defendant reported false facts to the prosecutor's office and the police station for the purpose of having the victim D receive criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of each police statement against D and the defendant;

1. The criminal defendant's petition;

1. A criminal investigation report;

1. Application of Acts and subordinate statutes to a copy of monetary statements;

1. Relevant Article of the Criminal Act and Article 156 of the Criminal Act concerning the selection of punishment;

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

1. The Criminal Procedure Act;

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