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(영문) 수원지방법원 안산지원 2020.04.16 2019고정1001
무고
Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Around March 6, 2019, the defendant prepared a false complaint about D in his/her own place of residence at the building B and the defendant's place of residence in subparagraph C of this Article.

A written complaint states that "A defendant D, on October 17, 2018, acquired a credit card and debit card in the name of the complainant placed in the vehicle and embezzled by refusing to return it to the complainant's request for return, and used the embezzled credit card from October 17, 2018 to November 30, 2018, and punished by refusing to return it during the period of sale and storage entrusted by the complainant's owner of Efran vehicle owned by the complainant's police officer during November 2018." In fact, the defendant consented to the use of the credit card and debit card in the name of the defendant as at the time, and the said vehicle also consented to use it to the above D, and there was no demand for return or refusal by the above D.

Nevertheless, on March 6, 2019, the defendant submitted a written complaint to the police officer in a name-free manner at the public service center of the Silung Police Station located in the Silung-ro 513 Silung-si.

Accordingly, the defendant committed a false accusation against D for the purpose of having D punish criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

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

1. Relevant laws and Articles 156 of the Criminal Act concerning facts constituting an offense;

1. Articles 157, 153 and 55 (1) 6 (Confession) of the Criminal Act for statutory mitigation;

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

1. The offense of false accusation for sentencing under Article 334(1) of the Criminal Procedure Act requires not only the risk and suffering of criminal punishment against an innocent person, but also the strict punishment as an offense interfering with the function of a judicial body.

However, the defendant recognizes his mistake.

The defendant shows that he/she is a false complaint while he/she is undergoing an investigation on his/her own complaint.

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