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(영문) 서울중앙지방법원 2013.09.26 2013고단2762

무고

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 00:30 on April 14, 2013, the Defendant reported at the office located in the Seoul Gangnam-gu Seoul Gangnam-gu Seoul Metropolitan Government District Police Station D District Office that “E is drinking several times to punish Appice E”, and made a written statement to the effect that “as he/she was punished for nine times as he/she was drinking from E on the ground that he/she was involved in an accident during his/her agency driving,” using a black pen, and submitted it to F, and around April 25, 2013, the Defendant was present at the Seoul Western Police Station and the office located in the Gangnam-gu Seoul Metropolitan Government Seocho-gu District Police Station and the office to be investigated as a victim, and stated to G police officers to the effect that “E was injured by nine times at the right upper part of the flebbing part of the flebing part to be drinking,” and “E was injured by nine times at the price of drinking.”

However, in the wind that the defendant was involved in the accident while driving on behalf of the motor vehicle on behalf of the motor vehicle, there was only the fact that the defendant was punished for E and the trial cost due to the insurance processing problem, but there was no injury from E.

In this respect, the defendant was arrested for the purpose of having E receive criminal punishment.

Summary of Evidence

1. Each legal statement of witness E, H, I, and J;

1. A criminal investigation report (a counter-investigation of the H) , a criminal investigation report (a counter-investigation of the shots I), and a criminal investigation report (a hearing report of the shots H);

1. Application of Acts and subordinate statutes to the written statement, written statement, and written diagnosis of injury;

1. Article 156 of the Criminal Act applicable to the crimes and Article 156 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. In light of the following circumstances acknowledged by the evidence revealed prior to the conviction under Article 62-2 of the Social Service Order Criminal Act, the defendant reported false facts to the victim and reported it to the victim.

(1) First of all, the defendant is facing violence from the victim (the defendant asserts that he/she has taken four vehicles inside and outside the vehicle from the victim) outside the vehicle of the victim.