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(영문) 인천지방법원 2014.05.21 2014고단865

무고

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

On November 27, 2013, the Defendant drafted a false complaint with respect to D at his own house located in Bupyeong-gu Incheon Metropolitan Government, Bupyeong-gu, Incheon, and with a tample.

A written complaint stating that "The defendant defendant defendant D, around 13:00 on November 7, 2013, caused the victim who is the passenger of his bus that he was driving, by cutting off the bus's bus from the bus stairs and cutting down the bus out to the point of the bus, thereby causing an injury to the 4-mond salt of the 4-monet, thus punishing the defendant." The facts are as follows: "The defendant was refunded the rent from D at the time, and voluntarily released from the bus, and D did not have committed violence against the defendant.

Nevertheless, around November 28, 2013, the defendant submitted the above complaint to the public official in charge of the public service center of the Incheon Bupyeong-gu Incheon Bupyeong-gu Incheon Bupyeong-dong 199-37.

As a result, the defendant raised D without the intention of having D receive criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each testimony of witness D, E, and F;

1. Application of the Acts and subordinate statutes to the complaint;

1. In light of the fact that the defendant's reason for sentencing under Article 156 (Selection of Imprisonment) of the Criminal Act in relation to the crime of this case impairs the judicial function of the State by committing the crime of false accusation in this case, and does not reflect the risk that the defendant may be subject to criminal punishment, a sentence shall be imposed on the defendant on the ground that there is a need for strict punishment against the defendant, but a statutory detention shall not be made in consideration of the elderly.

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