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Reasons
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(영문) 대구지방법원 김천지원 2018.01.23 2017고정118
무고
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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal record] On December 8, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor for the crime of assault, etc. in the Daegu District Court Kimcheon support on April 21, 2017, and the said judgment became final and conclusive.

[2] On September 1, 2016, the Defendant prepared a complaint stating the false content to the effect that “Defendant C has forged a letter under the name of the complainant, and thus punished Defendant C shall be punished.”

However, there was no fact that C had forged each of the above statements by stating the name, resident registration number, address, etc. of the defendant directly on each letter which the defendant possessed by C.

Nevertheless, on October 14, 2016, the defendant submitted the above complaint to the police officer who could not know his name at the Kimcheon-dong Kimcheon-si Police Station located in Kimcheon-si.

In this respect, the defendant made a false accusation for the purpose of having C receive criminal punishment.

Summary of Evidence

1. The legal statement of the witness C;

1. Notice of the results of written appraisal and written appraisal;

1. Complaint;

1. Copies of each letter;

1. Previous convictions in the judgment: In full view of the following circumstances acknowledged by each of the above evidence, the part of the defendant's name, etc., such as the defendant's written reply to inquiry, such as criminal history, and investigation report (the status of acceptance A, etc. who is the complainants), is deemed to have been prepared by the defendant himself/herself. Thus, the defendant'

① On May 10, 2013, the victim prepared the Defendant’s name, etc. from the investigative agency to this court in a consistent and concrete manner.

As stated in the purport that “..........”

② The body of the defendant and the part, such as the name of the defendant, are the same.

3. C only appended to the letter sent to the defendant and did not use it for any other purpose.

The defendant who was detained by C due to a separate crime is sent a letter to the future.

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