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(영문) 청주지방법원 제천지원 2018.03.29 2017고단410
무고
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 19, 2017, the Defendant submitted a complaint stating false facts with regard to C at one-third single police station in the center of the Jungyang-gu, Chungcheongnam-gu, Chungcheongnamyang-do.

On August 15, 2017, at around 18:20, the content of C, in dry field D located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, the purpose of which is to punish the plastic door, which contains a fertilizer on the head of the head, and divide it into several occasions, and cut off by 30 minutes, and to inflict bodily injury, such as brain, which requires approximately 2 weeks medical treatment, and as it threatens the operation of a scoper, which is a thing dangerous to breath at the same place on the same day, it is to be punished.

However, there was no fact that C has inflicted an injury on the defendant or threatened the defendant with the search for the defendant.

The Defendant was working to check the composts from the dry field above that field, when there was a dispute over usual C and land boundary.

C When the dispute was raised by only B, I submitted a letter of complaint.

In this respect, the defendant made a false accusation for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the defendant;

1. Each police statement made to the defendant, E, F, and G;

1. A protocol concerning the interrogation of each police suspect with regard to C;

1. Complaints prepared by the defendant;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to a report on investigation, a report on investigation (the submission of a suspect's photograph and a video CD attachment), four photographs, a criminal investigation report (the submission of a written request accompanied by a written request), a reply, a medical record, a report on investigation (the submission of a report) 112, a report on the handling of a case, and a report on investigation (the submission of a report of 112) 112

1. Article 156 of the Criminal Act applicable to the facts constituting an offense and Article 156 of the choice of punishment;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to be mitigated by law;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] No. 1 (general dismissal] (one month to one year) shall be the mitigated area (a person with special mitigation).

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