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(영문) 청주지방법원 2013.04.04 2012고단1449
무고
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On July 1, 201, the Defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., at the Cheongju District Court, and on December 22, 2011, and is still under the grace period.

[Criminal facts] Around December 30, 2011, the Defendant prepared a false complaint with respect to C and D using a form kept therein for the purpose of having C and D receive criminal punishment, at the Cheongju District Public Service Center of the Cheongju District Public Prosecutor’s Office, located in 51, 70, Manam-ro, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju-gu, Seoul, to have C and D punished.

A written complaint states that “A Defendant D filed a false report and perjury on the absence of a traffic accident in itself, and C, the Defendant, was punished for perjury since it made a false statement from the police investigation to the police investigation,” and the facts of “A request for punishment of perjury.” On November 26, 2010, the Defendant was punished as above after the Defendant got a driver’s car and went away from the Friju station located prior to the Friju station located in Chungcheongnam-gun, Chungcheongnam, the victim of the said traffic accident, was present at the court and testified as a witness in relation to the said traffic accident.

Nevertheless, the defendant prepared a false complaint with the above contents, and submitted the above complaint to the employee who could not know his name immediately in that form, and rejected D and C.

Summary of Evidence

1. Statements made by witnesses D and C in the second trial records;

1. Each protocol of examination of the suspect against the defendant, C, or D by the prosecution;

1. The police statement of the defendant;

1. Copies of each protocol of examination of witness;

1. Copy of the judgment;

1. Copies of each protocol of trial;

1. Copy of the photograph;

1. Copy of each protocol of suspect examination;

1. A copy of each statement;

1. A complaint;

1. The fact-finding reply letter to the Chief of the Chungcheong Branch of the Road Traffic Authority;

1. Previous convictions: Unauthorized statements of disposition, report on results of confirmation, and application of Acts and subordinate statutes of the judgment;

1. Criminal facts;

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