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(영문) 의정부지방법원 2016.07.08 2015고단2772

무고

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

To the extent that it does not substantially disadvantage the defendant's exercise of his/her right to defense, the following facts charged shall be organized and criminal facts shall be recognized:

The defendant prepared a false complaint against C and sent it by mail on February 4, 2015. On February 5, 2015, the defendant sent it to the public prosecutor's office of government - local public prosecutor's office of government - government - 23 Do-ro 34 - Do-ro on February 5, 2015.

On July 20, 2010:10 on July 20, 2014, Defendant C, an apartment security guard, was subject to punishment on the side of Defendant C (Defendant) who is a resident at the early stage of apartment security guard, and on the other hand, 42 days of the left chest 8, 9 days of the care for the first time, and on the other hand, C did not inflict any injury, such as a cry cage at the time of the Defendant.

Nevertheless, the defendant submitted the above complaint to the public service center by mail at the time of the above day.

Accordingly, the defendant reported false facts to public offices or public officials for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Each legal statement of witness C, D, and E;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. Copy of the protocol concerning the examination of suspect of the accused;

1. A complaint;

1. Application of Acts and subordinate statutes No. 12 of the evidence list;

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62-2 of the Criminal Code of the Social Service Order

1. The summary of the argument and the defense counsel asserted that C did not have any fact that the Defendant was unaware of C, since C actually assaulted the Defendant's side flocks and inflicted an injury on the Defendant at least 8,9 flocks at the left flocks.

2. We examine the following circumstances found by each evidence of the judgment, and ① The C from the investigative agency to the present court, consistent with the following circumstances. < Amended by Presidential Decree No. 25079, Apr. 1, 2014>