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(영문) 부산지방법원 2017.07.12 2017고단1579

무고

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 22, 2016, the Defendant: (a) at the Busan District Public Prosecutor’s Office located in 15, the Busan District Public Prosecutor’s Office, which was located in the Busan District Public Prosecutor’s Office; (b) the Defendant was an assault against D on the face from D to a protruding; or (c) the Defendant claimed for a summary order on the case in which the Defendant inflicted an injury upon D when he was in custody; (d) on October 2, 2016, the Defendant brought an application for a summary order on the case in which D was in custody for the purpose of having D punished by penal punishment.

On November 30, 2016, Busan East Police Station investigation and the first team office of the economy, submitted a written complaint to the effect that “the complaint was filed,” and made a supplementary statement to the same effect.

Accordingly, the defendant had D without the purpose of having D receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on diagnostic certificates of injury, and photographs submitted or injured by complainants;

1. Article 156 of the Criminal Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Articles 157 and 153 of the Criminal Act to mitigate confessions;

1. Reasons for sentencing [the scope of recommending punishment] under Article 62(1) of the Criminal Act (the fact that there is no previous conviction for the same type of crime and reflects the depth of the crime] Article 62(1) of the Act on the Suspension of Execution (the scope of recommending punishment] (one month to one year), self-denunciation and confession [the person who has been specially mitigated] under the mitigation area (one month to one year), six months, and two years, including the suspension of execution;