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(영문) 대구지방법원 포항지원 2017.07.13 2016고단1660

무고

Text

A defendant shall be punished by imprisonment with prison labor for up to 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 July 28, 2016, the Defendant drafted a false complaint with respect to C in the Daegu North Korean Police Station type Division.

Around July 26, 2016, the complaint submitted "C attended the general meeting of management and disposal of juvenile training center's first floor in the 1st floor of the 2016 P.M. to check the identity of the union members and go beyond the upper part of the company's book.

“The content of “” is the same.

However, in fact, the defendant, who is a member of the North-gu D apartment reconstruction association at port, tried to file a report with the reconstruction association, who is a director of the said reconstruction association with C, etc., whose opinion is different from that of the said reconstruction association, with a face-to-face with his body and affix his photograph and video. However, there was no physical contact from C, and at that time, there was no physical contact from C, and at that time, there

C is a situation in which the defendant cannot be pushed down by hand, and eventually, even though the defendant was on his own floor, he prepared a false complaint on this day.

On July 28, 2016, the Defendant submitted the above written complaint to the Daegu North Korean Police Station type, and made a statement to the same effect at the same police station on the same day, and made a false report to the public office for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Each legal statement of witness C, E, F, and G;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. Entry of C into the statement of E in the police interrogation protocol (three-time) for C;

1. Each police statement made against the defendant or G;

1. Complaint;

1. The application of the Act and subordinate statutes to the investigation report (to be attached to the Kakao Stockholm of a non- Captain organization) / (a) the defendant and his defense counsel asserted that C had a defendant sealed the defendant and did not go beyond the defendant's own. However, according to the witness C, E, F and G's respective statements, it is recognized that C had not pushed the defendant at the time when C

1. Article 156 of the Criminal Act applicable to the facts constituting an offense and Article 156 of the choice of punishment;

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