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(영문) 의정부지방법원 고양지원 2014.06.26 2014고단376

무고

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Criminal facts

On November 16, 2013, the Defendant: (a) caused an accident to contact with a passenger car driven by C on November 16, 2013; (b) caused the accident to C and Si expenses; and (c) was investigated due to a charge of violation of the Road Traffic Act (not after the accident); (d) caused C to conduct an adverse appraisal.

On November 21, 2013, the Defendant: (a) prepared and submitted a written complaint to the public service center of the Pakistan Police Station located in 140, the Pakistan on November 21, 2013; (b) for the purpose of having C be punished for a criminal offense; (c) “The Defendant suffered two tropical injury to the left part of the punishment for which C and C are punished; and (d) the injury that is shakeing the right as soon as possible on the right side,” and (c) received an investigation into the case at the criminal office of the Pakistan Police Station and the office of the criminal team of the Pakistan on November 25, 2013; and (d) during that process, C was attached to the traffic accident relation around 10:0 on November 16, 2013; and (e) during that process, C was damaged by the troke part of the troke part on the upper part of the troke, and suffered damage to the troke by shocking it.

“...........”

However, in fact, the Defendant and C had a traffic accident divided into two parts, and there was no physical contact between them, and there was no injury from the Defendant on the part of the Plaintiff.

Accordingly, the defendant did not appeal C.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement by the prosecution against C;

3. Application of the Acts and subordinate statutes governing the complaint;

1. Relevant Articles of the Criminal Act and Article 156 of the Criminal Act concerning the crimes;

2. Articles 157, 153, and 55 (1) 3 (i.e., confession) of the Criminal Act mitigated by law;

3. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is an element of sentencing unfavorable to the Defendant, in view of the fact that the crime of this case is likely to interfere with the appropriate exercise of criminal justice power by the State

On the other hand, the defendant recognized the facts charged in the instant case, and there is no record of crime that leads to attention, and the defendant is mixed.