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(영문) 광주지방법원 2015.02.10 2014고단3882
무고
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, around 15:00 on June 12, 2014, entered the uniform transportation parking lot located in 341-7 in Gwangju Mine-gu, Gwangju, in order to support C, a taxi engineer, who was going against the company’s unfair dismissal, was driving a van with a line equipped with a line for broadcasting, and entered the said parking lot without permission, and became a vision with D, a taxi engineer belonging to the said company.

After reporting to the police at the above time and place of cell phone, the Defendant stated to E of the Gwangju Mine Police Station that “D caused the head, etc. to go beyond the upper floor by pushing forward the upper chest by hand.” On the 23th day of the same month, the Defendant submitted an injury diagnosis statement to the effect that it requires two-time medical treatment due to cerebril, etc., while making a statement to the same effect at the Busan Mine Police Station Criminal and Criminal Three Team Office for the same purpose.

However, in fact, the defendant did not have been injured by D because D's loss at the time of reporting to the police in the above parking lot was part of the defendant's chest.

Accordingly, the Defendant filed a false report with the police officer for the purpose of having D criminal punishment.

Summary of Evidence

1. Examination protocol of police suspect regarding D;

1. Results of on-site inspections by this court;

1. The result of the reproduction of video CDs in this court [the defendant and his defense counsel asserted that the defendant's use of force against D at the time was inflicted injury, and thus, the contents of the written complaint submitted to an investigation agency are not false. However, if the result of the reproduction of video CDs in this court's view of the result of on-site verification by this court, in particular, the evidence in the holding can be sufficiently recognized that the defendant made a false report to a police officer with the intent to cause D to be subject to criminal punishment, such as the criminal facts in the judgment of the court]

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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