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(영문) 부산지방법원 2017.08.21 2017고단3139

무고

Text

A defendant shall be punished by imprisonment for four 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

Punishment of the crime

On April 3, 2017, around 01:03, the Defendant reported to the effect that “the Defendant sells alcoholic beverages at a singing practice place” in front of the “Csing practice place” located in Geum-gu, Busan. The Defendant drafted a written statement to the same effect at the Busan Geum-gu, Busan Escop Police Station Escopon.

However, on April 3, 2017, around 00:37, the Defendant entered the said C Singing practice room and ordered F to sell alcoholic beverages, but F was refused to sell alcoholic beverages, and F was in the said singing practice room around 00:48, and there was no fact that the Defendant received alcoholic beverages at the said C Sing practice room.

Nevertheless, the defendant filed 112 false reports for the purpose of having the above F take criminal punishment, and prepared a statement to the same effect and kept F.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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

2. Articles 157, 153, and 55 (1) 6 of the Criminal Act to be mitigated by law;

3. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., the confession made by an investigative agency after filing a complaint).