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(영문) 광주지방법원 순천지원 2021.02.02 2020고단2314
무고
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 21, 2020, the Defendant drafted a false complaint on B with a color pension in the accusation form kept at the 42th place in the public service center of the public office of the public office of the public office of the public office of the public office of the public office of the public office of the public office of the public office of the public office of Heung-gun, which

The complaint states that "The defendant Soviet B, who caused injury to the victim on April 17, 2020 by drinking twice the face of the complainant on two occasions without any reason from D located in Goung-gun C on April 17, 2020," and that "the defendant Soviet B did not have any fact at the time of the defendant."

Nevertheless, on April 21, 2020, the defendant submitted the above written complaint at the above police station, and made a supplementary statement to E in the circumstances to which the police station belongs.

As a result, the defendant reported false facts to public offices for the purpose of having a criminal punishment imposed upon B, and made a false accusation against B.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint;

1. Each police statement made against the accused and F;

1. Application of Acts and subordinate statutes to the police interrogation protocol concerning B;

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to mitigate confessions;

1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended punishment according to the sentencing guidelines [type 1] and the general accusation [Attachment 1] - The elements of mitigation: Confession [Scope of recommendation and recommendation] mitigation area, reduction area, 1 month through 1 year [Grounds for Suspension of Execution] - The major reasons for recognition: there is no history of significant conviction or criminal punishment;

2. The fact that the defendant's decision on the sentence of punishment recognizes the crime and reflects the wrongness of the defendant, that the defendant's custody over the time appears to be doubtful of the victim in a state where his memory is unclear, that there is no record of crime, and that there is other age, sex, and environment of the defendant.

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