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(영문) 수원지방법원 2014.08.14 2014고단2155

무고

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 26, 2013, the defendant submitted a false complaint against C to the Suwon District Prosecutors' Office located at the source of Young-gu, Suwon-si, Suwon-si, for the purpose of having C receive criminal punishment.

A written complaint was that “A defendant filed a false complaint with respect to Defendant C, without any fact of defamation against Defendant C, stating false facts that “A person who is the Defendant’s complaint has taken a bribe,” thereby impairing honor by pointing out false facts that “A person who is the Defendant’s complaint has taken a bribe,” and the Defendant filed a false complaint with the Suwon Police Station around June 25, 2013, stating false facts that “A person who is the Defendant’s complaint has taken a bribe, thereby damaging honor by pointing out that “A person who is the Defendant’s complaint has taken a bribe,” and then submitted it to E at that time.”

However, on June 19, 2013, the Defendant stated to D that “C Chairperson was a bribe,” and made a false statement to E around June 25, 2013, that “C would not receive money from the Si,” thereby publicly defame C by publicly alleging that “C would have received money from the Si.”

Nevertheless, the defendant submitted the above false statement to the officer in charge of the Suwon District Prosecutors' Office and brought the complaint C.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. A copy of the statement made by the prosecution against D (Evidence No. 30);

1. Statement to C by the police;

1. A copy of the statement of the police against D or E (Evidence Nos. 20, 22);

1. Application of Acts and subordinate statutes to a copy of a petition for accusation (Evidence No. 18);

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Articles 157, 153, and 55 (1) 3 (i.e., confession) of the Criminal Act mitigated by law;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act [the scope of recommending punishment] Type 1 (General Dismissal) (Article 62-2(1) (Article 62-1) (Article 62-2(1) of the mitigated area (Article 1-1) (Special Mitigation) (Article 62-2(1)) (Article 62