무고
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
When the defendant was under investigation of the suspicion of assaulting D, he tried to make a false complaint against D with the purport that he was under investigation by assaulting D, instead, that he was under investigation by assaulting D.
On March 5, 2014, the Defendant submitted a complaint to the public service center of the Seoul Seongbuk Police Station to the effect that “A request to punish the Defendant as a crime of bodily injury is punished because D had been broken in excess of the Defendant’s shoulder by drinking and broken down.”
On the same day, the Defendant made a statement at the Seoul Seongbuk Police Station Criminal and Criminal 2 Team office of the same day that “ around 00:30 on December 16, 2013, the Defendant made a statement to the effect that “Around 00:30 on E’s house opened the right shoulder of the Defendant at one time due to drinking of the Defendant, walked three times the right shoulder of the Defendant due to the weather of D, and was inflicted an injury on the Defendant, such as a shock gale of the shoulder gale to the right shoulder.”
However, at around 00:30 on December 16, 2013, there was only a fact that the defendant was slicker in the above E house, but there was no assault by D as above against the defendant.
As such, the Defendant submitted a false complaint to D for the purpose of having D receive criminal punishment.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Acts and subordinate statutes to the complaint;
1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation Punishment] Type 1 (General No.a. a. a. a. a. a. a.-a. a.-a. a.-a.-a.-a person who is specially mitigated] mitigated area (a. a.-a. a.-a.-a.-a.-one year), and the scope of sentence comparison between confession and recommendation: one month or one year (a. a.-a.-an.-a.-an.-an.-a.-a.-a.-an] crime, which infringes on the national legal interests of the State and seriously threatens the legal stability of the State