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(영문) 대구지방법원 2016.10.28 2016고정2007
무고
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On May 2016, the Defendant was in a special relationship with B, who was in a special relationship with the first police officer for several years, and the Defendant was fluent with B.

On May 11, 2016, the Defendant stated the fact of damage that “B took place one time on the face inside the hand-to-face on the ground that it was not a large amount of drinking alcohol in the house around May 9, 2016, at the Daegu Dong Police Station C division located in 209, Daegu-gu, Dong-gu, Daegu-gu, Chungcheongnam-gu, 201, and D, a police officer affiliated with the said police station, stated that “B took place one time on the face of the face on the hand-to-face on the ground that he was not a large amount of drinking alcohol.”

However, in fact, around 23:00 on May 9, 2016, when the defendant was temporarily identified as the date of committing the crime, there was no assault against the defendant, such as that he had no fact at the office of the defendant.

Accordingly, the defendant was arrested for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Each police statement of the defendant and E;

1. Reporting on the occurrence of an accident subject to injury, and making on-site photographs and photographs of victims;

1. A list of reports on investigation (Attachment to the table for handling cases reported 112), and that of handling reported cases;

1. Application of the Act and subordinate statutes to the investigation report (B's mobile phone phone call analysis);

1. Article 156 of the Criminal Act and Article 156 of the same Act concerning criminal facts and the choice of fines;

1. Articles 157, 153, and 55 (1) 6 of the Criminal Act mitigated by law;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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