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(영문) 인천지방법원 2018.12.06 2018고단284
무고
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 11, 2016, the Defendant: (a) boarded a D taxi in C Operation on February 11, 2016; (b) was admitted to the victim of the injury in C at the end of the taxi expenses; and (c) was able to file a false report with C as an indecent act by force.

On February 17, 2016, the Defendant submitted a petition to the head of the F police station in Seocheon-si, Seoul Special Metropolitan City, Do, 311, Do, 84, at around 17:00, to the effect that “the taxi engineer was only about five minutes on the left side of the Defendant’s bucks and the floor in which the bucks were recorded.” On the part of the F F police station, the Defendant made a statement to the effect that “A self-tax driver was forced by force by force on the left side by making use of the inside and on the side of the buckbucks.”

However, there was no fact that C was forced to commit an indecent act by deceiving the Defendant's buckbucks and so on by hand.

As a result, the Defendant reported false facts to public offices for the purpose of having C receive criminal punishment, and filed C a false accusation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Copy of the statement made by the police against the defendant;

1. A copy of the petition prepared by the defendant;

1. Summary order;

1. A copy of each investigation report (to secure, analyze, and relative investigation by police officers dispatched to the scene).

1. A copy of the set in preparation of the details of damage suffered by the victim;

1. Application of the statutes on eight copies of the screen screen by a copy of each photograph and a spabife to a visual image;

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] No. 1 basic area (6 months to 2 years) (the person who is subject to special sentencing];

2. A person who interferes with the legitimate trial functions of a national judicial body by dismissal of the accused for a decision of sentence, and simultaneously is subject to criminal punishment;

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