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(영문) 제주지방법원 2014.03.21 2014고정90
무고
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On June 5, 2013, the Defendant submitted a complaint to the Jeju District Prosecutors' Office stating that “A, the Defendant, who is the Defendant, was present at and testified after taking an oath as a witness for the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents against Jeju District Court 201 High-Ma201 (Defendant) in front of the Jeju District Court, Jeju District Court 200 Dong-do, the Defendant: (a) on July 22, 2010, a traffic accident that occurred due to shock of the Defendant, while driving a private taxi, was caused by the Defendant’s without permission; (b) on the same day, the Defendant made a false statement to the effect that the accident occurred in the crosswalk, but on the same day, submitted it to the Jeju District Prosecutors’ Office; (c) However, on the same day, the above traffic accident occurred due to the collapse of the crosswalk;

As above, the Defendant brought a false accusation against the victim for the purpose of criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol regarding C;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a judgment);

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 156 of the Criminal Act;

1. Statutory mitigation: Articles 157, 153, and 55 (1) 6 (Confession) of the Criminal Act;

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

1. A provisional payment order: A sentence shall be imposed as ordered by considering all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The fact that the facts of crime have been acknowledged and reflected in the case of favorable circumstances: the fact that the person under no charge was punished, and the fact that the risk of causing serious damage was not high; and the decision is made as ordered by the court for the above reasons, such as the motive circumstances, circumstances after the crime, age of the defendant, family relationship, economic condition, etc.

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