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(영문) 광주지방법원 2017.03.23 2017고정194

무고

Text

The sentence against the accused shall be 700,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On September 3, 2016, the Defendant prepared and submitted a false statement to the police officer C, who was reported to the 112th day and dispatched after receiving the report to the 112th day, stating that “B gets off the front of the drinking house,” and caused B to be subject to criminal punishment, despite the fact that the Defendant had been living together with B at the parking lot of the Joseon University Hospital Hospital located in Gwangju-gu, Gwangju, 365.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. The written statement of the defendant;

1. Application of Acts and subordinate statutes to the public notice of the police station in the Gwangju Eastern Police Station (Notification of a request for a recording file filed in 112);

1. Relevant Article 156 of the Criminal Act concerning the facts constituting an offense, Article 156 of the Criminal Act selecting a fine, and the choice of

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following factors: (a) the sentencing conditions in the instant case, including the Defendant’s age, sexual conduct, environment, the background and result of the instant crime; and (b) the circumstances after the instant crime, etc., the sentence is determined as ordered.

The favorable circumstances: The defendant has the reason for the necessary mitigation by making a confession without any accusation.

The accused wants to take the action against the accused.

The defendant did not know a person who is disadvantageous to the defendant in a false manner, and there is a need to strictly punish such person as a serious crime which has actively infringed on the criminal justice function of the state, and has caused the person to be in danger of illegal criminal punishment.