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(영문) 부산지방법원 2015.11.05 2015고단5373

무고

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 29, 2015, the Defendant filed a complaint with the public service center of the Busan Dongdong Police Station in the Busan Dongdong-gu, Busan, stating that “C, the Defendant is the Defendant, at around 03:40 on May 5, 2015, submitted a complaint stating that “I wish to punish the Defendant, who is the Defendant, in the vicinity of the Dmatet located in the Busan Dong-gu, Busan, to take a bath (Defendant) and take a bath, and to pluck up and pluck up the right hand, thereby taking a superior position in need of two prudentism treatment.”

After the filing of the complaint, the Defendant was investigated by the above Busan East Police Station on June 9, 2015, and “C, the Defendant, at around 03:40 on May 5, 2015, 2015, she flabed off and pushed down the flab and pushed down the flab. The Defendant, who was the Defendant, flab, made a statement to the effect that “The Defendant was punished.”

However, on May 5, 2015, around 03:40 on May 5, 2015, the Defendant: (a) was in the vicinity of the Dmaart located in Busan Dongdong-gu, Busan; (b) there was no plucking or plucking of flaps from the above C; and (c) there was no injury caused by the above C’s act; and (d) there was a fact that the Defendant inflicted a flaf with the snow of the above C

Nevertheless, when the Defendant was investigated by the police due to the crime of injury upon the above C’s report, the Defendant did not file a false complaint with the intent to have C make the case of violence to induce mutual agreement, and filed a false complaint with the intent to have C subject to criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol regarding C;

1. Each police statement of the defendant and F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., the fact that there are no criminal records of the same kind of crime and that there is an agreement with the