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(영문) 부산지방법원 동부지원 2017.11.15 2017고정844
무고
Text

Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On November 2015, the Defendant drafted a false complaint stating that “B(43) threatened the Defendant with the purpose of having the Defendant subject to criminal punishment,” and that “B was subject to a trial prior to the court of Busan District Court’s Dong Branch Branch, Busan District Court’s 17:00 on July 14, 2015,” and that “B was in the process of giving a bribe to the witness, thereby going to the trial and throw away the death of B.”

On November 20, 2015, the Defendant submitted the above complaint to the public service center of the Korea Shipping Station in Busan Shipping Daegu, and filed the complaint with the police officers whose name is unknown.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against B and C;

1. The application of the law to the effect that the defendant denies the following: (A) notice of the result of the disposition of the complaint, the investigation report, and the recording file (total process recording) [the defendant denies that he/she would die” at the time; (b) according to the evidence duly adopted and investigated by this court (in particular, according to the evidence (record file), there is no content that the defendant would threaten B, such as that he/she would die,” etc. at the time.]

1. Article 156 of the Criminal Act applicable to the crime and Article 156 of the Selection of Punishment Act;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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