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(영문) 서울중앙지방법원 2014.01.10 2013고단7223

무고

Text

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

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

Reasons

Punishment of the crime

After having finished the internal relations with B itself, the Defendant had the mind that “C dynasium” operated by B, which did not take place any longer, was falsely reported as having engaged in illegal entertainment bar business and was punished B.

On June 9, 2012, around 21:07, the Defendant reported that “The Defendant entered the said danran bar in front of the “Cran tavern” located in Jung-gu Seoul Metropolitan Government D, and reported that “The Defendant posted a telephone call to 112 using the Defendant’s mobile phone to regulate that “The Defendant is running illegal business by employing the said danran bar in the C danran bar.”

However, at the time, B did not engage in illegal entertainment bar business by employing Domins.

From that time to June 30, 2013, the Defendant committed an act in the foregoing manner with the aim of having B receive criminal punishment on a total of 32 occasions, as shown in the attached crime inundation table.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Certificates of business permission, text messages, and registers of receipt and handling of reports, etc. by 112;

1. Application of Acts and subordinate statutes to a report on investigation (Presentation of Materials on Suspect's Currency Details);

1. Relevant Article 156 of the Criminal Act and Article 156 of the Criminal Act concerning criminal facts;

1. Articles 157, 153, and 55 (1) 3 (Confession) of the Criminal Act, which are statutory mitigation;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the defendant filed a false report repeatedly to 112 as if the defendant had been engaged in illegal business, and the nature of the crime is not that of the defendant.

However, there are extenuating circumstances such as the Defendant’s confession of the instant crime and reflects his mistake in depth, and the Defendant’s primary charge.

In addition, the sentencing guidelines set by the Supreme Court's Sentencing Committee, the age, character and behavior of the defendant.