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(영문) 광주지방법원 순천지원 2015.11.20 2015고단1757

무고등

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

1. On February 14, 2015, from around 21:30 to 22:10 on the same day, the Defendant interfered with the business of the victim’s main place of “M” in the “M” in the operation of the victim L(n, 46 years of age) located in K during drinking water, who is doubtful that the Defendant’s husband and the victim are in in inhumanial relationship with the Defendant’s husband and the victim, and obstructed the victim’s main business by force by avoiding disturbance, including “Chewing years, the same year,” etc.

2. The Defendant, who is not the husband of the Defendant in a divorce suit, had a religious mind about L who thought that the Defendant had an internal relationship with N, who is the husband of the Defendant, and had the Defendant committed an assault against L to avoid an disturbance in the store for operation of L, such as Paragraph 1.

Around 14:00 on July 2, 2015, the Defendant drafted a false complaint on L at the public service center of the Selel Police Station, which is located in Melela City, 2.

On February 14, 2015, the complaint states that " Three persons, such as Defendant L, etc., who are the complainant, are doubtful of the inhuman relationship between the husband of the Defendant and the complainant, and have taken a bath to the complainant, and assaulted the complainant with both arms on February 14, 2015." In fact, the Defendant was merely sprinking L at L on February 14, 2015, and the Defendant did not have any physical contact with L.

Nevertheless, at around 14:00 on July 22, 2015, the defendant submitted the above written complaint to the police officer in a false name.

Accordingly, the defendant was arrested for the purpose of having LA punished criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness L;

1. Application of Acts and subordinate statutes on the protocol of statement to the prosecution;

1. Articles 314 (1) and 156 of the Criminal Act concerning the crime;

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

1. The grounds for sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence are the first type (in general).