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Reasons
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(영문) 대구지방법원 2014.02.20 2013고단6893
무고
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A defendant shall be punished by imprisonment for not less than three months.

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

Reasons

Punishment of the crime

On July 9, 2013, the Defendant drafted a false complaint against C using shot-gu G apartment 201 Dong 210, the Defendant’s dwelling in the Daegu Suwon-gu B apartment 201 Dong 210.

The criminal complaint was the content and fact that "C, around July 8, 2013, spreaded the Defendant's hand to inflict damage on 4 weeks of franchising, thereby punishing the Defendant." There was no fact that C spreads the Defendant's arms, or thereby suffered the above sufferings, and the Defendant was the head of C, thereby having lost her center, and was in sales.

Nevertheless, on July 9, 2013, the Defendant submitted the above complaint to the police officer who could not know his name in the Daegu Suwon Police Station civil petition office located in 2460, as the Daegu Suwon Police Station punishment.

As a result, the defendant was arrested for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. A medical certificate or an injury medical certificate;

1. Statement of the police statement A;

1. Application of a copy of Acts and subordinate statutes of summary order;

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

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

1. It is so decided as per Disposition under Article 62(1) of the Criminal Act on the grounds that the suspended sentence is above Article 62(1) of the Criminal Act (the fact that the defendant does not have the same criminal record for the defendant, the defendant's mistake was admitted while making a confession of a crime, the criminal investigation agency cancelled the complaint, the investigation agency could have easily confirmed the fact of accusation of the defendant

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