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(영문) 의정부지방법원 2015.03.24 2014고단3872
무고등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a driver of the Cchip car, and the victim D(the age of 49) is a driver of the EM5 car.

On September 26, 2014, around 20:40, the Defendant reported the damage to the Gmanman belonging to the F District Police Station of the Gyeonggi-do Government Police Station, who was dispatched after receiving the victim’s report of the assault case, to the Gman belonging to the F District Station of the Gyeonggi-do Police Station, on September 26, 2014, the Defendant demanded him/her to take photographs of his/her face part and use it as evidence.

In fact, however, in the vicinity of the home fluor in the Geum-dong of the Government of the Republic of Korea at around 20:25 on the same day, the defendant is able to take a bath for the victim and the Si fluor because the victim repeats his lab without starting as soon as possible and repeats his lab, and only twice the face part of the victim who sits in the driver's seat with his her hand, there is no violence from the victim.

Nevertheless, the Defendant reported false facts verbally with the intent to escape criminal punishment for himself/herself and to have the victim subject to criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (including the substitute part);

1. Written statements of D;

1. Diplomatic photographs;

1. Application of Acts and subordinate statutes of the 112 Reporting List;

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

1. Articles 157, 153, and 55 (1) 6 of the Criminal Act (with respect to a crime of confession and false accusation), which are statutory mitigation;

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 is that the police officer who received a report from the victim and received a false report on the quantity of the victim is subject to criticism, even though the defendant exercised violence against the victim, who was the driver of the vehicle prior to the failure of giving rise to the rapid demand during the operation of the vehicle.

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