(영문) 대구지방법원 포항지원 2014.12.12 2014고정337

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(영문) 대구지방법원 포항지원 2014.12.12 2014고정337

무고

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On February 1, 2014, around 05:33 on February 1, 2014, the Defendant made a statement that the Defendant was able to obtain a taxi for the Defendant’s driving of the F-5 G K5 car, the complainant, and that the Defendant fell back to the right side of the taxi driven by the Defendant, and that the back side of the back side of the taxi was destroyed.

However, in fact, the defendant was aware that the defendant was not due to the collision with the complainant because he fell in the process of confising the front gate of the above taxi, and that the back gate was damaged by the defendant due to the back gate, and that the damaged part is not due to the collision with the complainant.

Nevertheless, the defendant made a false statement as above with the intent to have the complainant punished.

Summary of Evidence

1. Each legal statement of witness E and H;

1. A protocol concerning the examination of partial police officers of the accused;

1. Application of Acts and subordinate statutes concerning investigation reports (related to attachment of explanatory notes);

1. Relevant Article of the Criminal Act and Selection of Penalty for the Crime. Article 156 (Selection of Fine)

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70 and 69 (2) (100,000 won per day) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014).

1. Determination as to the assertion of the accused and the defense counsel under Article 59(1) of the Criminal Act

1. The alleged defendant's death in the front of the vehicle;

The phrase that the right side or the back side part was damaged is not voluntarily reported as a statement made by the police officer according to the direction of the police officer, but the Defendant did not have the intent to be subject to criminal punishment against F, and the damaged part of the vehicle is covered by comprehensive insurance by the victim, and it cannot be the cause of criminal punishment because the Defendant did not want to be punished, and thus does not constitute a crime without criminal punishment.

2. The following facts are recognized in full view of the evidence presented to the court and duly adopted.

참조조문

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