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(영문) 광주지방법원 목포지원 2019.11.22 2019고단558
무고
Text

A defendant shall be punished by imprisonment for six 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 December 21, 2018, the Defendant reported 112 to be subject to criminal punishment, and stated that C was subject to violence from C to the police officer of the unrefined dispatch, and prepared a false complaint on December 24, 2018.

The complaint does not contain the content that "C was sicking about 10 times or more of 10 stick, other than his / her examination," and the fact that C did not assault C with a stick around 12:00 on December 21, 2018 at the above B apartment elderly house.

Nevertheless, on December 24, 2018, the Defendant submitted the above written complaint to the police officer who was not a police officer at the Yeongdeungpo Police Station, and submitted a copy of the upper body photographed by C on January 14, 2019, the Defendant stated that “C has reached 10 or more times the upper body of the chest with a stick.”

Accordingly, the Defendant reported false facts to public offices for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the suspect examination of the accused or C by the prosecution;

1. Statement made by the prosecution concerning D;

1. Statement of the police statement against the defendant, standing photograph;

1. Two copies of a report on investigation (Attachment of a photograph of a stick that the complainant complies with the suspect), and two copies of a photograph of a stick;

1. One copy of investigation report (report of the suspect's interview with his/her daughters) and one copy of the written petition;

1. Personal change history (F) and residents' inquiry;

1. Application of Acts and subordinate statutes to a complaint, a list of 112 Reporting Cases Handling, a criminal investigation report (with respect to telephone conversations between the complainants and the desire of the complainants), a criminal investigation report (foreign telephone conversations outside the case), and a criminal investigation report (with respect to refusal to investigate witnesses G References for Witnesses);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The sentencing criteria shall be based on; and

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