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(영문) 대전지방법원 공주지원 2015.08.21 2015고단213

무고

Text

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

Reasons

Punishment of the crime

【Criminal Force】 On September 3, 1999, the Defendant was sentenced to life imprisonment with prison labor for murder, etc. at the Cheongju District Court’s Cheongju District Court’s Assistance, and was currently serving in the execution of the sentence in the Cheongju Prison. On April 17, 2015, the judgment was finalized on April 25, 2015 after being sentenced to three months of imprisonment with prison labor for injury, etc. at the Cheongju District Court’s official support.

【Criminal Facts】 On October 21, 2014, the Defendant: (a) inflicted an injury on C, who is a prisoner of the same correctional institution, and had C undergo a trial; and (b) had C compensate for the damage; (c) had been aware of the circumstances where C should compensate for the damage; and (d) had been aware of a false fact with respect to C.

On December 22, 2014, the Defendant prepared a written complaint stating that “C has become subject to punishment because C has taken a step on April 21, 2014,” and sent it to the official branch of the Daejeon District Prosecutors’ Office located in the same Dong on December 26, 2014, and received the above written complaint to the official branch of the Daejeon District Prosecutors’ Office located in the same Dong.”

However, in fact, the Defendant, on October 21, 2014, formed and submitted a written complaint different from the above facts, even though C did not take the Defendant’s step out and did not do so, in the process of exercising violence, such as cutting off C’s departure on October 21, 2014.

As a result, the Defendant reported false facts to public offices for the purpose of having C receive criminal punishment, and filed C with C.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution (in the presence of a complainant);

1. The police statement of the defendant;

1. A complaint;

1. Documents appended to the case records;

1. In relation to the attachment and content of the case records on October 21, 2014, an investigation report (related to the preparation of a list of medical records of a public correctional institution and a doctor D)

1. Previous records: Application of Acts and subordinate statutes to inquiries into criminal records and investigation reports;

1. Relevant Article 156 of the Criminal Act concerning the facts constituting an offense and Article 156 of the Selection of Imprisonment;

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