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(영문) 서울북부지방법원 2020.01.08 2019고단4072
무고
Text

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

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

Reasons

Punishment of the crime

On August 2, 2019, at around 05:29, 05:30, the Defendant reported to the effect that “A person who enters the Republic of Korea is making a report on any person who enters the Republic of Korea at the time of drinking” by phoneing to 112 from the Defendant’s cell phone to 112, the Defendant reported to the effect that “A person who enters the Republic of Korea at the time of drinking.” The vehicle number is B, while moving to C, and is moving to the west and going to the middle west and going to the middle west.”

However, in fact, F, a driver of the above vehicle, did not drive the vehicle while drinking the above temporary light, and the defendant did not have observed or confirmed that F, a driver of the above vehicle, had not driven the vehicle while drinking the above temporary light.

Accordingly, the Defendant reported false facts to public officials for the purpose of having them punished.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. Handling details of reported cases, and the place of service; and

1. Application of Acts and subordinate statutes to investigative reports (to listen to and analyze recording files reported, 112);

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 crime without reason for sentencing under Article 334(1) of the Criminal Procedure Act requires not only the risk of causing an innocent person to be subject to unfair criminal punishment, but also the crime undermining the State's criminal justice function and thus requires the corresponding punishment. The defendant does not seem to have committed the crime of this case on a conclusive purpose, and there is no serious result, such as the defendant's age, character and conduct, environment, motive and means of the crime, motive and consequence of the crime, circumstances after the crime, etc., and the various kinds of sentencing conditions shown in the arguments of this case shall be determined as ordered by taking into account the following as a whole:

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