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(영문) 울산지방법원 2018.03.21 2017고단4329

무고

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 25, 2017, the Defendant: (a) prepared a complaint at the Ulsan-dong Police Station Investigation Division of the Ulsan-dong Police Station in Ulsan-gu, Ulsan-gu, U.S. on 11-gil 4-gil, U.S. on the same day; and (b) stated, “In the bus stops around 07:45, Aug. 18, 2017, the Defendant Nonparty B, the Defendant, who was the Defendant, was at prices the right-hand side of the Defendant’s son’s son’s son’s son,” stating, “The Defendant was at prices the Defendant’s son’s son’s son’s son and the son’s son’s son’s son’s son was above the next floor.”

However, in fact B only told the Defendant to the effect that he would easily call the horses to the company, and there was no physical contact with the company.

Nevertheless, the Defendant made a false accusation against B for the purpose of having the criminal punishment imposed upon B.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the complaint filed and the police statement made to the defendant;

1. A protocol concerning the suspect B of the police;

1. Application of Acts and subordinate statutes on police statements made to D, E, and F;

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

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to be mitigated by law;

1. Article 62(1) of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The number of self-denunciation and confession of the sentencing criteria [the scope of the recommended punishment] Class 1 (the number of months to one year) in the mitigation area (the number of years from January to one year);

2. Based on the above sentencing criteria, the sentence shall be determined as ordered in full view of the following factors, including the defendant's age, sex, environment, and motive of crime:

The favorable circumstances: from the prosecution, the statement that one's mistake is recognized and against him/her, the conditions unfavorable to the first offender who has no record of committing a crime: It causes the risk of being punished by filing a complaint against a person who has no record of committing a crime for a favorable position in his/her criminal case.