beta
(영문) 대구지방법원 2019.01.24 2018고단4468

무고

Text

A defendant shall be punished by imprisonment for not more than ten 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

On July 10, 2018, the Defendant drafted a false complaint with respect to C, using a black pen, for the purpose of having C receive criminal disposition from the office of the Defendant located in Daegu-gu, Daegu-gu, and for the purpose of having C receive criminal disposition.

The contents of the complaint are as follows: (a) around 18:00 on July 6, 2018, “Defendant C ordered the complainant to be the subject of the complaint; and (b) assaulted on once the part of the complainant’s bones of the monet of the monon.” However, at around 18:00 on July 6, 2018, C did not order his own dog to be the subject of the complaint, or at one time the part of the monon’s bones of the Defendant’s mone was the subject of the complaint.”

Nevertheless, around July 10, 2018, the defendant submitted the above complaint to the public prosecutor's office's office's office in Daegu-gu, Daegu-gu, 364.

Accordingly, the Defendant reported false facts to public offices and filed a false complaint C.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol concerning suspect interrogation of C;

1. Statement of each police statement of the defendant;

1. A complaint;

1. A report on investigation (Attachment to a medical certificate, etc.) and a medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (CCTV perusal content and attachment details);

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

1. The criteria for the sentencing of the reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommending sentence] the sentence under the basic area (6-2 years) of the sentence, and other conditions of the sentencing as shown in the records, such as the defendant's age, occupation, occupation, character and conduct, family relationship, family relation, etc., shall be determined by comprehensively taking into account the following conditions.

- The crime of false accusation is a crime that causes serious pain to the victim and interferes with the proper exercise of the state's criminal justice function. As such, it is necessary to strictly punish the crime of this case during the period of suspension of execution due to embezzlement.