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(영문) 대전지방법원 2017.02.09 2017고정50
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

On August 5, 2016, the Defendant: (a) in a singing practice room located in Seo-gu Daejeon, Daejeon; and (b) notwithstanding that there was no fact that the Defendant sold alcoholic beverages or intended to do so in the said singing practice room, the Defendant: (c) demanded the proprietor to provide alcoholic beverages and intended to do so; (d) was refused; and (e) was called on 112 for the purpose of having the said D subject to criminal punishment; and (e) was called “F restaurant in Seo-gu, Seo-gu, and was selling alcoholic beverages by employing the horses.”

There are many customers now.

The report was made as “,” and the statement was made to H, a police officer in charge, at the Busan Police Station G District on the same day, to the same effect as the police officer in charge, and was written in writing.

However, the facts are that the defendant was refused by demanding the above D to provide alcohol and gambling while under the influence of alcohol, and there was no fact that the above D sold alcohol to the defendant or attempted to do so.

Accordingly, the defendant filed a false complaint with D for the purpose of having D criminal punishment, and brought a false complaint against D.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police station against D;

1. Application of the 112 Report Settlement List and the written statement of the accused to Acts and subordinate statutes;

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

1. Articles 157, 153, and 55 (1) 6 of the Criminal Act to mitigate confessions;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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