(영문) 부산지방법원 2016.10.12 2016고단3078

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(영문) 부산지방법원 2016.10.12 2016고단3078

무고

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant and the victim C are those of the main points located in the Sogsan-dong, Busan Metropolitan City, who have only face.

Around November 25, 2015, the Defendant: (a) heard the victim’s half-time from the Emnode room located in Busan B, which was believed to be lower than the Defendant; and (b) 6-7 times from the victim’s half-round, the victim was her blick with her hand, but there was no assault from the victim.

Accordingly, the Defendant paid the victim a total of KRW 500,000 to KRW 100,000 per month for five months, but failed to comply with it, and caused the victim to file a complaint due to the crime of assault from the victim on February 1, 2016, the Defendant’s unilateral assault case to be seen as both assault cases, thereby in favor of the Defendant and resulting the victim to be subject to criminal punishment. On March 17, 2016, the Public Service Center of the Busan Coastal Police Station made a false statement at the Public Service Center of the Busan Coastal Police Station on March 17, 2016 stating that “The Defendant was subject to assault from the Defendant C on November 25, 2015, at the Eno No. 09:00, on March 29, 2016, submitted a written complaint stating that “A police officer, who works at the police station and office at the same time, made a request for punishment against the victim Eno. 30,015.”

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect C by the prosecution;

1. Statement of the police statement of the defendant;

1. A complaint;

1. Application of the Acts and subordinate statutes governing termination of complaint;

1. Relevant Article of the Criminal Act and Article 156 of the Criminal Act concerning the selection of punishment;

1. Articles 157 and 153 of the Criminal Act for mitigation of confessions;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is to relieve the defendant from liability for agreed amount due to the assault of the defendant.

참조조문

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