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(영문) 대전지방법원 2018.07.06 2018고정410
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

The defendant is the lessor of the building C in Daejeon Dong-gu, Daejeon, and the victim D is the lessee.

On March 4, 2016, around 13:00, the Defendant paid 1.50,000 won for the repair cost of electric measuring instruments to electrical repair business operators to the victim D (62 years of age). Accordingly, the Defendant assaulted the victim on one occasion on the part of the victim’s left side with her hand-to-on her hand-on her to pay the monthly rent of KRW 1.50,000.

On November 15, 2016, the victim asked the defendant to be punished as a crime of assault, and received a written complaint from the public service center of the competent police station in Daejeon. On May 30, 2017, the defendant filed a request for formal trial upon the summary indictment with the Daejeon District Court on May 30, 2017, and on October 27, 2017, the judgment became final and conclusive on May 21, 2018.

Nevertheless, on March 4, 2016, the defendant did not have assaulted the victim, and the victim filed a false complaint with the intent to have the defendant punished.

On May 23, 2017, the Daejeon District Public Prosecutor's Office prepared a false complaint claiming that the victim be punished as a crime of false accusation, and submitted it to the Daejeon Local Public Prosecutor's Office.

Accordingly, the defendant submitted a false complaint to the Daejeon District Prosecutors' Office for the purpose of having the victim punished criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the statement made to the defendant in the protocol of interrogation of the suspect;

1. Statement protocol of the police concerning D, and protocol of interrogation of prosecution clerks concerning D;

1. Application of Acts and subordinate statutes to the petition of complaint, indictment, recording of a record;

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 be mitigated by law (a confession, etc.);

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

1. The defendant has reasons for sentencing under Article 334(1) of the Criminal Procedure Act.

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