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(영문) 서울북부지방법원 2015.05.19 2014고단4572

무고

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal record] The Defendant was sentenced to three years of imprisonment with labor for a crime of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc. at the District Court on August 12, 2011 and completed the execution of the sentence on February 9, 2014.

【Criminal Facts】

피고인은 2014. 3. 1. 22:00경 서울 중랑구 사가정로 52길 22 노상을 걸어가던 중, 피고인의 오른쪽에서 C가 D 포르테 승용차를 운전하여 사가정역 사거리 방면에서 면목시장 방면으로 진행하는 것을 발견하고, 갑자기 엉덩이를 위 승용차의 좌측 앞부분에 들이댔다.

Although the Defendant demanded the above C to have completed a traffic accident and KRW 50,000,000, the above C refused, and the above C was prosecuted only for the violation of the Road Traffic Act (Driving without a license) and the violation of the Road Traffic Act (Driving without a license), the Defendant had tried to raise the above C with respect to the respect to the violation of the Road Traffic Act.

On July 7, 2014, at the public service center of the Seoul Northern District Public Prosecutor's Office located in Dobong-dong, Dobong-gu Seoul Metropolitan Government, the Defendant: (a) made the said C a false complaint to the effect that “C is driving a motor vehicle for the subjects of criminal punishment on March 1, 2014; (b) he/she suffered from the victim A while driving the motor vehicle for the subject of criminal punishment. C, even though having caused an accident, is treated as having no personnel accident at the police; and (c) written a false complaint to the effect that the personnel accident of the current drinking and non-licensed case is different for concurrent prosecution.

However, the above C is driving a car.

There was no fact that the defendant was injured by others, and the defendant was well aware of such fact.

On the same day, the defendant prepared a false complaint, and submitted it to the above public service center for non-disclosure of name C.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of witness E;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Statement of the police statement of E;

1. Notification of communications data;