beta
(영문) 대전지방법원 서산지원 2019.09.05 2019고단425

무고

Text

A defendant shall be punished by imprisonment for six months.

except that 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

Around May 9, 2018, the Defendant submitted a complaint to the Yacheon Police Station located in Yacheon-ro 2, 2018, stating that “B, on May 8, 2018, 2018, she inflicted an injury on the left part of the suspect, she gets enormously a dangerous object at D cafeteria located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and caused an injury on the left part of the suspect that needs to be treated for six weeks,” and made a statement to the same effect at the Taean Police Station located in 112, Taean-gun-gun, Taean-gun, Taean-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

However, on May 8, 2018, the Defendant was assaulted against B with enormous shoulders left from B, and there was no such injury.

Nevertheless, the defendant was arrested for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of interrogation of the police as to B (including the interrogation record for the defendant);

1. Each police statement of the defendant, E, and F;

1. Investigation report (verification of CCTV images);

1. A complaint;

1. Application of statutes on site photographs;

Article 156 (Selection of Imprisonment or Imprisonment)

1. Articles 157, 153 and 55 (1) 3 of the Criminal Act for mitigation of confessions;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application (Scope of Recommendation) of the sentencing criteria: Non-application of Type 1 (General Dismissal) and the mitigation area (one month to one year) (Special Mitigation) of the sentencing criteria; self-denunciation and confession;

2. The offense of false accusation is not only likely to result in the risk of criminal punishment against the criminal suspect, but also serious crimes that undermine the function of the state's criminal justice, and there is a need for strict punishment for such crimes.

However, in full view of the following circumstances: (a) the defendant recognized the defendant's mistake and reflects in this court; (b) there is no record of being punished with severe punishment; and (c) other circumstances that form the conditions for sentencing specified in the records and arguments of this case, such as the defendant's age, character and conduct, environment, motive of crime, and circumstances before and after the crime