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(영문) 서울중앙지방법원 2011.11.10 2011고단490

무고

Text

Defendant

A shall be punished by imprisonment for eight months, by a fine of 5,00,000 won.

Defendant

B does not pay a fine.

Reasons

Punishment of the crime

On August 5, 2010, Defendants prepared a false complaint at the Gangnam-gu Seoul Gangnam Police Station civil petition center located in Gangnam-gu Seoul Metropolitan Government, for the purpose of having F and G receive criminal punishment.

The complaint was a statement that "A is driving H MT car on August 5, 2010, while he was driven by the KF driver's vehicle parked in the front of the J high school located in Gangnam-gu Seoul, Gangnam-gu, Seoul, and he was seated in the vehicle, and the driver's body was lost by opening a door, one of the defendant FF and G opened a door, making a face to A, and by threatening A to report it to the police." It was a statement that "A is punished because it was threatened by 4.50,000 won by threatening B to report it to the police."

However, at around 01:00 on August 5, 2010, Defendant A received from K towing vehicles on the front side of J High School, and caused the above violence from F and G, and Defendant B was punished for drunk driving, etc., first of all, requested F and G not to report it to F and G to the police, and 4.5 million won was paid.

Nevertheless, around August 5, 2010, the Defendants conspired to submit and receive the above complaint to the public service center of the Gangnam Police Station, thereby making F and G in collusion.

Summary of Evidence

1. Part of the Defendants’ legal statement

1. Each legal statement of witness F, G, L and M;

1. Two-time interrogation protocol of the prosecution against F and G (including part of the defendant A's statement);

1. Three-time interrogation protocol of the prosecution against F and G (including the defendant B's part of the statement);

1. A complaint;

1. Copy of statement of traffic accident situation;

1. A copy of reply to a request for delivery of medical records or a copy of public health opinion;

1. Investigation report (Adjustment of the receipt status of the incident at sea);

1. The application of Acts and subordinate statutes of the letter of appraisal by a false horses detectionr.