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(영문) 대전지방법원 2014.06.26 2013고정1256
무고
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is the prosperity president of the Seo-gu Daejeon C building.

On January 11, 2013, the defendant filed a complaint with the public prosecutor's office of the Daejeon District public prosecutor's office located in Seo-gu Daejeon, Seo-gu, Daejeon District public prosecutor's office of the Daejeon District public prosecutor's office to the effect that " around November 3, 2012, the defendant did not commit any assault against D while making D with D as a matter of demanding the payment of management expenses within the above C building, and even though D did not go beyond its own behind, D did not report to the police to the effect that, at the time, the defendant injured the defendant by harming himself/herself, he/she did not injure him/her, so that D did not prosecute him/her as a crime without

However, at around 14:40 on November 3, 2012, the Defendant, while making D with D as above in the above commercial building, caused D spitation and spitation, and caused D to go beyond D by spitation and loss, thereby causing injury in need of two weeks of treatment.

Accordingly, the defendant submitted a false complaint to D for the purpose of criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Application of the video CD-related Acts and subordinate statutes

1. Article 156 of the Criminal Act and Article 156 of the same Act concerning criminal facts and the choice of fines;

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

1. The Defendant, with the reason of sentencing under Article 334(1) of the Criminal Procedure Act, is confession and is in depth against the order of provisional payment.

In addition, the defendant thought that D was in excess of D's own even though he did not exercise the tangible power to the degree of D, and seems to have caused the crime of this case. In light of the present situation, there are some circumstances to consider.

Accordingly, considering all the circumstances such as the defendant's age, character and conduct, environment, motive, means and result of the crime, the circumstances after the crime is committed, the punishment as ordered shall be determined.

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