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(영문) 춘천지방법원 원주지원 2014.08.26 2014고단595
무고
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 13, 2014, around 21:25, the Defendant reported that “D” in front of the upper corner of the trade name “D” located in Kuju-si, the Defendant reported to G of the original police station F District of the Republic of Korea, who was dispatched to the said area upon receipt of E’s report, “A vehicle with the I white spati vehicle driven by H is overfeting and left the match.”

However, in fact, the defendant did not have any fact that he had any fault with the defendant's mistake on the spati vehicle driven by the above H.

As a result, the defendant committed a false accusation against H for the purpose of having H receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. Application of Acts and subordinate statutes on traffic accident reports;

1. Article 156 of the Criminal Act applicable to the crimes and Article 156 of the Election of Imprisonment;

1. Statutory mitigation of provisions of Articles 157, 153, and 55 (1) 3 (Confession);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [Determination of Punishment] and Article 62 (1) of the Act on the Suspension of Execution - Types 1 (General Unauthorized person) [Determination of the area of recommendation] - The mitigated area of mitigation, confession (decision of the recommended area] / [Scope of recommendation] one month or one year [including general prison] / The mitigated area of punishment (including serious efforts for recovery of damage): / the applicable provisions of applicable Acts: One month or one year from January to ten years [whether or not the suspension of sentence is suspended] - The main reasons for the suspension of sentence [including serious efforts for recovery of damage] - There is no criminal conviction above the positive period of suspension of sentence (decision of sentence] - The crime of this case in the suspension of the execution of six months]. In light of the fact that the crime of this case in the suspension of the execution of two years, reporting false facts to the investigative agency and reporting the criminal justice function of the State and that the defendant actively interfered with the risk of criminal punishment, in particular, the relation between H and his own vehicle.

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