무고
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.
Punishment of the crime
The defendant claimed that he had gone beyond the denial of the defendant due to the heading in B installed, and the defendant was investigated into the case of injury to B.
When the defendant was investigated as the suspect in the injury case as above, he had B receive criminal punishment, the defendant had an employee who is unaware of the circumstances at the office of a non-certified judicial scrivener in front of the Mapo Police Station at the time of Mapo-si, Mapo-si, prepare a false complaint.
The complaint states that "the defendant was faced with a mustache by taking a mustache, etc. on the hacks set up in a sobane so far by the defendant's hand," and the fact that "B was faced with a mustache, etc. on the main hacks by pushing the defendant." There was no fact that B had a mustache, etc. on the main hacks.
Nevertheless, the defendant, on December 19, 2018, appears to have been corrected ex officio, since February 19, 2019 is deemed to be a clerical error.
A police officer who is unable to know his name in the Yeongdeungpo Police Station submitted the above complaint and his/her body photograph to the police officer.
Accordingly, the suspect reported false facts to the public offices for the purpose of having B receive criminal punishment.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol concerning the examination of suspect B;
1. A criminal complaint, a standing photograph, and a protocol of the police statement of the defendant;
1. Application of Acts and subordinate statutes concerning investigation reports (where the wooden Police Station case number 2018-81 is accompanied by a copy of investigation records related to case number 2018-81), copies of investigation records 2018-8141, investigation reports (Attachment ofCCTV Images and Analysis Image Data), CDs (CCTV Images) and photographic data;
1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;
1. Articles 157, 153, and 55 (1) 3 (Confession) of the Criminal Act, which are statutory mitigation;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of applicable sentences under law: One month to ten years of imprisonment;
2. The scope of recommendations according to the sentencing criteria (the determination of a type) shall be free from office in general. < Amended by Presidential Decree No. 17219, Jan. 1, 201>