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(영문) 대구지방법원 김천지원 2017.03.15 2016고단1608

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 23, 2015, the Defendant prepared a false written complaint stating that he/she filed a complaint with Defendant D without permission in the support paper from the Defendant’s residence located in the Gu, Si, Si, Gu, and then sent it to the Daegu District Office Kimcheon Branch Office of Public Prosecutor’s Office (33), which is located in Kimcheon-si, Kimcheon-si, by registered mail, and on November 29, 2015, prepared a false written complaint stating that he/she filed a complaint with EF with his/her own pen in the above residence, and sent it by the following method and received it to the above Kimcheon-cheon Branch Office (33) on December 1, 2015.

After that, on December 23, 2015, the Defendant appeared at the G office of the Gu-U.S. Police Station G office of the Gu-U.S. police station, and was investigated as a complainant, and stated to the Superintendent of the police station affiliated with the above police station that “D, the Defendant, at the police station of the Gu-U.S. police station around January 28, 2016, did not inflict an injury on the Defendant, he received a false medical certificate from the Defendant, although he did not cause an injury to the Defendant, and the Defendant E and F, who was the Defendant, was present at the Daegu District Court Kimcheon as a witness of the Daegu District Court around June 2014, and made a false statement that he was sealed after the Defendant, thereby punishing D and E and F, respectively.”

However, the facts revealed that the Defendant committed an act, such as smugglinging D on January 28, 2014, thereby causing injury to D, which requires approximately five weeks of treatment, and E and F appeared as a witness of the Defendant’s injury case and testified truely, there was no false report by D to investigation agencies or false testimony by E and F in court.

Accordingly, the defendant, E, and F had the purpose of having the D, E, and F punished criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect against D, E, or F;

1. Part of the statement made by the prosecution against the defendant in the protocol;

1. Written submission of the D additional documents, notice of the result of disposition of the case to be addressed, etc.;

1. Complaint;

1. The investigation report (the summary of the complaint is confirmed, related to the case.