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(영문) 서울남부지방법원 2017.09.07 2016고단5705
무고
Text

Defendant shall be punished by a fine of KRW 10,000,000.

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 26, 2016, the Defendant submitted a complaint stating the false fact that “B was punished as a special assault because B was cut off around July 5, 2016,” and made a statement to the same effect on the same day to the police officer in charge of the instant case on the same day.”

As a result, the defendant reported false facts to the police station for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Legal statement of the witness B;

1. Partial statement of the witness C;

1. Statement of the police statement and complaint against the defendant;

1. Protocol of mediation;

1. Application of Acts and subordinate statutes concerning CDs, recording records, and monetary statements in the storage of telephone recordings;

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

1. Selection of an alternative fine for punishment;

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

1. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant and the defense counsel continue to assert that B was injured by setting the sorarab B’s table.

The witness C, who made a personal statement in the investigative agency, and the court, stated in the witness C, “I am am fling off the sorash et al., which was fluent in front of his own warehouse, immediately after being sealed and entered into the warehouse (the 4th page of the witness record). I am ambling B, I am ambling off the ambling, which was dried up by being dried up in the A Sck-cream cooling and adjacent to the Schlage, and entered the Schlage, immediately ambling (or nearly at the same time) table, and the Defendant’s “I am” as “I am.

“The person was asked.”

“The statement was made.”

Then, B stated that it would be the same as the one from which it would be left and 119 (the 7th page of the witness record). C is the same from the initial stage of the investigation.

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