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(영문) 창원지방법원 통영지원 2015.09.25 2015고정518
무고
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On January 12, 2015, the Defendant drafted a false complaint against B, C, and D with a view to having B, C, and D punished criminal punishment at the office of mutual incompetuous administrative agencies located in Seongbuk-gu, Chungcheongnam-gun, Chungcheongnam-do.

The above complaint states that "B, C, and D conspired to prepare at will a report on the closure of the E-owned gas station in the name of the defendant, forged one copy of the report on the closure of the business, and submitted and exercised the report on the closure of the above business on October 10, 2014." However, there was no forgery of the report on the closure of the business under the name of the defendant, and there was no fact that B, C, and D submitted the report on the closure of the business.

Nevertheless, on January 12, 2015, the defendant submitted the above complaint to the police officer in charge of receipt of the complaint at the public service center of the Gyeongnam Police Station, and filed the complaint with B, C, and D.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of the accused, B, D, and C (including copies thereof);

1. A copy of the police statement;

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

1. Relevant Articles of the Criminal Act and Articles 156 of the Criminal Act concerning the facts constituting a crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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