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(영문) 전주지방법원 2016.05.20 2015고단2002
무고
Text

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

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

Reasons

Punishment of the crime

On September 16, 2015, the Defendant did not inflict any injury upon the police officer C and D in the process of arresting the Defendant at the Jeoncheon-gu Seoul Special Metropolitan City Police Station located in 66, Jeoncheon-gu, Jeoncheon-gu, Seoul Special Metropolitan City, and on September 16, 2015. However, upon C and D, for the purpose of having a criminal punishment imposed upon C and D, the Defendant knee of the Defendant in the process of arresting the Defendant as the current offender within 203 E-dong, Jeoncheon-gu, Jeoncheon-gu, Seoul Special Metropolitan City on September 13, 2015, and knee of the Defendant in the process of arresting the Defendant as the offender, and knee of the knee, felging back the ground, and felging back the felg into the bones.

“Preparation of a false statement to the purport that “ ” was made and submitted to police officers who are not aware of their names, and prepared a statement protocol to the same effect at the former Jinjin Police Station on October 7, 2015.

Accordingly, the Defendant reported false facts to public offices for the purpose of having C and D receive criminal punishment, and filed a false accusation against C and D.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Each legal statement of the witness C and D;

1. The application of the provisions of Acts and subordinate statutes to the complaint(s)(s)(s)(s) and recording;

1. Article 156 of the Criminal Act concerning the facts constituting an offense;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of an alternative fine;

4. Articles 157, 153, and 55 (1) 6 of the Criminal Act to be mitigated by law;

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

6. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is a crime that undermines the proper trial function of the State’s penal authority, and causes a person who is in danger of being subject to unfair criminal punishment, and the nature of the crime and the circumstances of the crime in this case are not negligiblely unfavorable to the defendant.

However, the defendant committed the crime of this case against his mistake, the defendant has no record of being subject to criminal punishment for the same kind of crime, and the defendant's age, sex, environment, and the crime of this case.

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