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(영문) 인천지방법원 2015.06.24 2014고단8851
무고
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around 03:00 on October 7, 2014, the Defendant reported to E to 112 a mobile phone while entering the city with the issue of payment of taxi articles E and taxi expenses in the south-gu Incheon Metropolitan City D, and the Defendant reported to E a mobile phone: (a) stated that “A taxi driver does not commit violence against a taxi driver; (b) sexual assault; (c) fessing; and (d) fessing out; and (c) on the same day, the Defendant made a statement at the Dong-gu Incheon Metropolitan City Bato Support Center as a victim of the indecent act by indecent act by force at around 05:30 on the same day, the Defendant stated that “A taxi engineer broken down locked in the taxi and fessing into a back seat and made indecent act by force.”

However, at the time, E only demanded the payment of taxi expenses to the defendant, and E did not commit indecent acts by force by force, such as sending the defendant's chest and opening the back seat and exposing the defendant's bridge.

Nevertheless, the defendant made a false report to E for the purpose of having the criminal punishment imposed upon E, and made a false report to E.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes to investigation reports (the investigation of taxi booms counterparts), investigation reports (the details of handling the 112 reported cases and reporting of voice files filed);

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 of the provisional payment order recognizes and reflects a criminal act by the defendant, the defendant is a contingent crime against the victim, E who intends to challenge the victim, the defendant wants to take the preference against the defendant, and has yet to reach the age of the victim, and the punishment is determined as ordered by taking into account all various factors of sentencing such as the nature of the crime in this case, the circumstances leading to the crime, and the circumstances after the crime.

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