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(영문) 의정부지방법원 2013.11.15 2013고단2744

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 May 28, 2013, the Defendant prepared a written complaint against D at the Defendant’s house located in Scheon-si C, stating that “D, the Defendant, at the F restaurant located in Gyeonggi-si, Gyeonggi-do, Ma, he took a bath, broken the bucker’s disease located in his seat, thereby causing injury to the Defendant’s left-hand bucker’s fuckbucks requiring fluoring in a knife with a knife with a knife.”

However, in fact, D is only the fact that there was a dispute between the defendant and the defendant on January 31, 2013, and there was no fact that the defendant's Hebbbbbbbbbucks caused the injury to kn due to the shoulderer's disease, which is a dangerous object as above.

Nevertheless, on May 28, 2013, the Defendant submitted a written complaint to the public service center of the Macheon Police Station located in the Dongcheon-gu, Dongcheon-gu, Dongcheon-do, 729, stating the above false details.

In this respect, the defendant was arrested for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect of D by the prosecution (including the A's statement);

1. Examination protocol of police suspect regarding D;

1. Statement made by the police against A (Article 8 of the Evidence Records);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act) applies to a person who has been sentenced to a fine of two million won or more due to a crime of false accusation in 2010); circumstances such as unfavorable circumstances