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(영문) 의정부지방법원 2013.11.15 2013고단3158

무고

Text

A defendant shall be punished by imprisonment for six 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 July 29, 2013, the Defendant reported the 112-round 22:45 on July 29, 2013, the following: (a) using his mobile phone (number: F) in front of the restaurant “E” operated by D, the Defendant reported that “one male and two female persons in E were faced with their face, and was pushed down.”

In addition, around July 29, 2013, two police officers, etc. belonging to the G District Police Station of the Gyeonggi Government Police Station, which received the said report, were dispatched to the said site. The Defendant: (a) designated the said police officers as employees of the said D and I, the husband of the said I, as the offender; and (b) stated to the effect that “The above three people were faced with their face while going beyond the floor, and they were faced with their left arms, because they were severely punished.”

However, in fact, the Defendant was under the influence of alcohol in front of the above restaurant and did not have been abused by D, I, and J.

Nevertheless, the Defendant reported 112 falsely as above, and made a false statement to the police officers dispatched after receiving such report, and then prepared a written statement with the same content and submitted it to the police officers above.

In this respect, the defendant was dismissed for the purpose of having D, I and J receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol against D, I, and J;

1. The prosecutor's statement to K;

1. A written statement prepared by the defendant;

1. Report on internal accidents (case for the statement of a shote);

1. A list of investigation reports (a list of 112 reported cases to be attached thereto), and a list of 112 reported cases;

1. Application of Acts and subordinate statutes to investigation reports (report on the contents of currency held by police officers visiting the scene);

1. Article 156 of the Criminal Act applicable to the crimes;

1. Article 40 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 157, 153, and 55 (1) 3 (i.e., confession) of the Criminal Act mitigated by law;

1. Although Article 62(1) of the Criminal Act is not good, all of the crimes are committed;