beta
(영문) 광주지방법원 2014.08.28 2014고정834

무고

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 23, 2013, the Defendant, at around 17:00, sentenced B to the fact that B did not fit its right-hand elbows with Csch Rexroth in the direction of the right-hand side of B driving on the road near the Lao-dong in Gwangju Northern-gu. However, B did not properly repay its claim against B.

On December 26, 2013, at around 15:00, the Defendant reported that he had been voluntarily present to the traffic department of the Gwangju Northern Police Station located in Gwangju Northern District, 172, and submitted a false traffic accident report to D, stating that “B was undergoing a traffic accident on the road at around 17:00, on December 23, 2013, while driving Csch Rexroth vehicles on the road at the office of the Gwangju Northernbuk-gu, Gwangju, while driving the vehicle on the road at around 17:00, the Defendant submitted a false traffic accident report to D.

Accordingly, the defendant was arrested for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation report (Investigation of traffic accident-related data);

1. Application of the Acts and subordinate statutes to the copies of scrap metal;

1. Article 156 of the Criminal Act and Article 156 of the same Act concerning criminal facts and the choice of fines;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is a crime that seriously threatens the legal stability of the Defendant’s attempt to infringe on the national legal interest, which is an appropriate exercise of the State’s trial function, and thus, the Defendant’s confession of the instant crime and reflects his mistake, and did not seem to have caused the result of the Defendant’s serious damage from the instant accusation. Even if the Defendant did not intend to punish the Defendant on April 16, 2014, by mutual agreement with B and B.