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(영문) 울산지방법원 2018.08.28 2018고단1483

무고

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On February 8, 2018, the Defendant: (a) at the Defendant’s house located in Ulsan-gu, Ulsan-gu; (b) had the Defendant’s father-D, “Around February 15:30, 2018, the Defendant Nonparty E, who was the Defendant’s husband, her husband, her husband, her husband, her husband, her husband, her husband, her husband, her husband, her husband, her husband, and her leadered the Defendant, and her the Defendant was forced to sit at the Defendant’s house.” (c) On the same day, the Defendant made a false complaint stating that “A request for punishment because the Defendant was caused by her husband and shed with his/her mouth and shed with his/her mouth, and the Defendant’s falsity submitted the above complaint to the police station in Ulsan-gu, Ulsan-gu, Seoul-do, the competent police station, in which his/her name cannot be known.

In addition, on February 13, 2018, the Defendant appeared as the complainant of the injury to E in Ulsan Police Station and G office in Ulsan Police Station and G office, and stated the police officer’s false fact that “The Defendant was punished for having been inflicted an injury on a food table outside his/her country because he/she suffered an injury because he/she was satisfing and shakeing the complainant’s shoulder with E by satisfing it, and he/she was sealed by the Defendant.”

However, there was no fact that E was shaking the shoulder of the defendant by putting the shoulder of the defendant, pushing the defendant, or breaking the defendant.

As a result, the defendant reported false facts to public offices for the purpose of having them punished.

Summary of Evidence

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

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Statement made by the police against the defendant;

1. Complaint;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Type] of the Reasons for the Sentencing [Determination on the recommended area] Type 1 (Determination on the recommended area] (Determination on the recommended area] basic area [the scope of the recommended punishment] 6 months to 2 years [the person subject to general sentencing] - There is no past record of criminal punishment for mitigation elements [whether suspended execution is suspended or not] The main reasons are positive.