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(영문) 수원지방법원 2017.10.27 2017고단3368
무고
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On January 13, 2017, the defendant prepared a false complaint about D through the defendant's pro-friendly C.

On January 4, 2017, the complaint filed by the defendant D, with five infinite males, and assaulted the complainant by drinking and drinking it several times, and continued to get the complainant's head back back to the iron boom, and caused the complainant's injury such as dystrophy and stroke stroke.

“The contents and facts were as follows: D did not have invaded upon the house of the defendant with the French male and did not assault the defendant.

Nevertheless, on January 16, 2017, the defendant submitted the above complaint to the prosecutor's office public officials whose name is not known in the prosecutor's office of Suwon-si's office of prosecutor's office of prosecutor's office which is 120 in Young-si, Suwon-si.

Accordingly, the defendant had D without the purpose of having D receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in D in the protocol concerning the examination of the accused by the prosecution;

1. A protocol concerning the examination of suspect of each police station against D;

1. Each investigation report (a confirmation of the details of 112 report, a counter investigation by police officers, a primary CCTV analysis, a second CCTV analysis on or around January 5, 2017, a second analysis of CCTV for crime prevention, a victim's statement and CCTV for crime prevention, a second analysis of currency records, a statement of suspect D, and a hearing report by witness F);

1. Application of Acts and subordinate statutes to the head of a complaint, scene and victim's photograph at the time of dispatch, and detailed statement of reported cases;

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

1. Articles 157 and 153 of the Criminal Act to mitigate confessions;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1248, Apr. 1, 2006) (1)

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