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(영문) 대전지방법원 천안지원 2019.08.20 2019고정259
무고
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant received KRW 200,000 from C through the introduction of B, and lent D-Wts’ automobiles operated by the Defendant of ordinary party, but C did not return the said B-Wts’ automobiles, with the intention to make a false report of theft as if the Plaintiff was a theft of the said B-Wts’ automobiles.

Around 13:00 on November 14, 2018, the Defendant filed a theft report to the effect that “The police officer, who was the police officer belonging to the Asan Police Station, stolen the Doz car, and arrested the Doz car, and punished it.” The Defendant filed a theft report to the effect that “The F, who was the police officer belonging to the Asan Police Station, stolen the Doz car, was punished.”

As a result, the Defendant did not prosecute C with a view to being subject to criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G, B, and F;

1. The written statement of the defendant;

1. Application of Acts and subordinate statutes on report of occurrence;

1. Article 156 of the Criminal Act and Article 156 of the same Act concerning criminal facts and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act recognizes the Defendant’s mistake, and there is no record of punishment for the same kind of crime, and there is some circumstances to consider the circumstances leading to the instant crime as having reported a false theft in order to find a vehicle as the leased vehicle fails to return it.

However, the crime of false accusation is not good in that it is a crime that may harm the proper criminal justice function of the State by reporting false facts to an investigative agency and put the risk of criminal punishment in order to avoid criminal punishment.

In addition to this, the defendant's age, character and conduct, environment, circumstances of crime, and circumstances occurring in the trial process shall be determined as ordered by considering various circumstances.

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