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(영문) 창원지방법원 밀양지원 2017.09.28 2016고단712
무고
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant submitted a written complaint to the civil petition office of the police station that was not held in the Si/Gun/Eup on July 29, 2016, to the effect that “A arbitrarily opened his/her mobile phone under the name of the Defendant without authorization from the Defendant,” and that “a request to punish him/her because he/she arbitrarily opened his/her mobile phone without authorization from the Defendant,” and was investigated by the police station investigation and intelligence team around August 26, 2016, when he/she was investigated at the police station investigation and intelligence team around October 15, 2015.”

Around January 15, 2016, around 2016, a gallon thallon 5 mobile phones were returned, and the gallon 5 mobile phones were opened from the Defendant, and the gallon 5 mobile phones were opened, which led to fraud and forgery of private documents. The gallon 5 mobile phones were arbitrarily opened without permission from the Defendant, and the gallon thallon thallon 5 mobile phones was punished by forgery of private documents.

However, in fact C, on October 15, 2015, officially notified the Defendant that additional charges may be borne for three months, and opened the gallon 5 mobile phone with the Defendant’s permission. On January 15, 2016, at the time of opening gallon 5 mobile phones around gallon, it was opened with delegation from the Defendant even at the time of opening gallon gallon 5 mobile phones.

Accordingly, the defendant filed a false complaint with C for the purpose of having C punished criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol concerning the examination of the suspect of each police station against C (including part concerning the statement of the accused);

1. Statement made by the police against the defendant;

1. Complaint;

1. Application form for the change of short term / USIM (A lines), and new service contract (B lines);

1. Application of Acts and subordinate statutes to each investigation report (No. 12, 14 No. 5)

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the reason for the order of provisional payment.

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