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(영문) 대구지방법원 포항지원 2018.12.19 2018고정114
무고교사
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. B(T) On April 18, 2017, the South-North Coast Guard civil petition office of the south-gu Police Station in the south-gu Office of 55 of the Republic of Korea prepared a false complaint against C for the purpose of having C receive criminal punishment.

The complaint was that the defendant C infringed upon the defendant C's residence without permission in South-gu Ma apartment and E at port, South-gu, the residence of the complainant, and thus punished it. However, in fact, C was the house of C and C did not have such intrusion.

Nevertheless, B submitted to the police officer for the acceptance of the case a false complaint prepared with the above contents at that place and filed C with C.

2. On February 2017, the Defendant (orless teachers) committed an intrusion upon D apartment E, which is a residence of B, by deeming that he/she resides in D apartment E, by telephone at a place where he/she is unaware of a place where he/she was in the middle of February 2017.

The phrase "compacting to file a suit", and the phrase "B had B feel to file a complaint with the contents of the above false facts."

On April 18, 2017, the Defendant instigated B to submit a false statement of fact to the public service center of the South-west Port Police Station of the Republic of Korea on April 18, 2017 that “A defendant C infringed upon D apartment and E without permission in the port of port where the complainant’s residence, which is the complainant’s residence.”

Summary of Evidence

1. Each legal statement of witness B and C;

1. Copy of the police statement made B by the police;

1. Statement made by the police against C;

1. Written complaint filed by B and B;

1. C Complaints;

1. Application of a copy of notification of reasons for non-prosecution and a copy of a written decision for non-prosecution;

1. Relevant Article of the Criminal Act and Articles 156 and 31 (1) of the Criminal Act concerning the selection of punishment for a crime (opportune selection);

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

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [The defendant and his defense counsel are true that he intrudes upon the residence B, and thus, the defendant and his defense counsel can be deemed to have never filed a complaint against B.

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