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(영문) 대전지방법원 2016.09.29 2016고정254
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

On September 2015, the Defendant prepared a false complaint against C, etc. with the aim of having C, D, and E criminal punishment, at the attorney-at-law office in Seo-gu, Daejeon, Daejeon, for the purpose of having C, D, and E criminal punishment.

On September 4, 2013, the complaint states that "the defendant novels used electric plugs in the f car center operated by the complainants to distribute similar gasoline, using electric plugs in the f car center by sticking them to the above car center contact with the above car center, and punished them." However, C used electric power within the car center operated by the defendant on the defendant's hand.

Nevertheless, on September 17, 2015, the Defendant submitted the above complaint to a police officer who is unable to know his name at the public service center of the Taeduk Police Station 11, Law No. 1417, Law No. 1417, and filed the complaint with C, D, and E.

Summary of Evidence

1. Partial statement of the defendant;

1. To record part of the witness C's statement in the third public trial protocol;

1. Partial statement of witness E;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A criminal investigation report (attaching civil judgments, etc.);

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 156 of the Criminal Act in relation to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment against which the punishment for false accusation against each other and the heavier C, shall be imposed);

1. Selection of an alternative fine for punishment;

1. Articles 157, 153, and 55 (1) 6 of the Criminal Act to mitigate confessions (a confession made by the prosecution and a confession made by the prosecution after being investigated);

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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