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(영문) 대구지방법원 포항지원 2018.02.22 2017고단1071
무고
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 May 28, 2016, the Defendant prepared a false complaint with respect to C and D for the purpose of having C and D receive criminal punishment, and made a supplementary statement at the south-gu Police Station of the Republic of Korea, which is located in 55 on May 28, 2016, from the south-gu, South-North Korea Coast Guard.

The content was that “A, an incorporated association in Nam-gu E at the port on April 20, 2016, which was opened in the south-gu branch office, Gpo-si branch office and political views at Gpo-si, Nam-gu, and C, the accused, in the publication of the complainant’s political views, had the shoulder of the complainant in radio, and Defendant D, the accused, suffered bodily injury in the left side of the complainant.”

However, in fact, the defendant C did not have any fact on the part of the defendant in a radio microphone, and the defendant C did not have any fact on the left side of the defendant.

Nevertheless, the defendant filed a complaint with the assistant H belonging to the Southern Police Station of the South Coast Guard and made a statement to supplement the complaint, thereby making C and D unwritten.

Summary of Evidence

1. Each legal statement of witness D, C, and I;

1. A protocol concerning the examination of each police suspect against J, D, or C;

1. Statement made by the police against the defendant;

1. A criminal investigation report (related to the verification of CCTV images on the spot), an investigation report (related to the photographing of screen pictures on the site);

1. Complaint;

1. Each photograph;

1. Video CDs (the defense counsel is not false in the contents of the defendant's complaint, but is not so false;

Even if there was no perception of falsity, there was no perception of falsity.

However, according to each of the above evidence, it seems that the defendant's novel did not assault the defendant at the time and place stated in the facts of crime, and thus, the above argument is not acceptable).

1. Article 156 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [the scope of recommended punishment] Type 1 (general dismissal) (6 months-2 years-2).

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