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(영문) 창원지방법원 2019.01.09 2018고단2751

무고

Text

A defendant shall be punished by imprisonment for four months.

except that 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

The Defendant, around January 15, 2018, is driving a DK5 car of the Defendant at 815, Jinhae Police Station B, and C, which operates a singing practice room with the Defendant, around January 15, 2018.

Despite the occurrence of an accident, C is driving a car with the key to the car at the time of the defendant's death for the purpose of criminal punishment by reason that C does not pay the insurance exemption amount of 2.6 million won imposed on the defendant.

A complaint was submitted to the effect that an automobile was illegally used by the accident.

However, the fact that C did not have any key to the above car, and at the time of the above accident, C was accompanied by the above car driven by C, and C did not have any unlawful use of the automobile by itself, such as accepting the accident from the insurance company.

Accordingly, the Defendant reported false facts to the public officials.

Summary of Evidence

1. Defendant's legal statement;

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

1. Relevant Articles of the Criminal Act and the Selection of Punishment)

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to be legally mitigated;

1. The sentencing guidelines for sentencing of Article 62 (1) of the Criminal Act: 1-month of the basis for the classification of the reasons for sentencing under Article 62 (1) of the Act on the Suspension of Execution; 1-month of one year and six years through one year from June to four years: the sentencing guidelines for the mitigation of factors for mitigation of punishment: The general sentencing range (1-year from January to one year): The sentence for mitigation of punishment for six months: Imprisonment for six months and the suspended sentence for two years: Imprisonment for four months and two years: 4-month of the suspended sentence for a reason for aggravation of punishment: confession, divorce, and two minor (2 minor), etc.);