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(영문) 전주지방법원 정읍지원 2012.12.27 2012고정251

무고

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person living together with B.

around 15:10 on June 10, 2012, the Defendant: (a) while drinking alcohol with B at his house in order to drink the horse fighting, and (b) reported the false fact to “B, as it is under the influence of drinking and driving without a license, making it possible for B to go through a telephone to his cell phone D district unit of the fixed-to-Eup Police Station; and (c) reported the false fact to “B, as it is under the influence of drinking and driving without a license.”

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. A copy of the register of drinking meters; and

1. Request for the inspection of reported matters; and

1. Application of Acts and subordinate statutes of the 112 Statement of Receipt and Handling of Criminal Reports;

1. Relevant provisions concerning criminal facts: Article 156 of the Criminal Act;

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

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

1. Provisional Payment Order: The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act was reported in bad faith by the defendant to be subject to criminal punishment of the victim.

In light of the motive and circumstances of the crime, it cannot be deemed that the nature of the crime is extremely poor in light of the motive and circumstance of the crime. In the investigation of the case of unlicensed driving with respect to the victim, the defendant immediately taken into account the fact that the victim was not driving immediately, and the punishment, such as the order, shall be determined by taking into account the various circumstances indicated in the record.