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(영문) 창원지방법원 2013.07.05 2013고단830

무고

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 16, 2012, the defendant prepared a false complaint against D using a computer for the purpose of having D obtain criminal punishment from the defendant's house located in Kimhae-si, Kimhae-si, and having D obtain criminal punishment.

A written complaint states to the effect that "The complainant was punished by the complainant since D, the defendant, was falsely hatd in his/her residence intrusion (Seoul East Eastern District Court 2010cc. 2184) from the written complaint and the written complaint from the Seoul East Eastern District Court 2010cc. 2184 in his/her investigation process. If it is found that the investigation was illegal, he/she shall be punished if it is found that it was illegal." On October 17, 2012, the defendant submitted the above written complaint to the public service center of the Kim Young-gu Police Station in his/her Dobong-dong, Kim Jong-dong, Kim Jong-dong, Kim Jong-dong, Kim Jong-dong, and on December 5, 2012, during the investigation into the contents of the complaint in his/her residence in Songpa-gu Seoul High Police Station on July 5, 2010, D was punished as a crime of false reporting that he/she was receiving a residence report while making a report."

However, it was true that the defendant entered the place of residence on July 5, 2010 against the intention of D, and therefore D did not make a false report in 112.

As above, the Defendant submitted a false statement to the public service center of the Kimhae Police Station, and made a statement to the same effect in the process of the complainant’s statement.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Examination protocol of police suspect regarding D;

1. The police statement of the defendant;

1. A complaint;

1. Application of Acts and subordinate statutes to each investigation report (Submission of a copy of summary order, non-prosecution and a copy of written opinions, investigation records of related cases, and appendix of protocol of trial);

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

2. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter “the reason for sentencing”) is as follows.