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(영문) 인천지방법원 2018.07.05 2018고단2605
무고
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On October 27, 2017, the Defendant requested the victim D to leave KRW 60 million in cash for one week on October 20, 2017, and prepared related documents, such as a certificate of cash custody, and submitted the above written complaint to the public service center of the Bupyeong-gu Incheon Metropolitan City Police Station, which requested D to the effect that "the defendant does not return to face-to-face without face-to-face face-to-face face-to-face-face-to-face-face-face-to-face-face-face-to-face-face-face-face-face-face-face-face-face-face-face-face-face-face-face-face-face-face-to-face-face-face-face-

However, in fact, the defendant did not entrust D with cash KRW 60 million on October 20, 2017.

Accordingly, the defendant reported false facts to investigative agencies for the purpose of receiving criminal punishment against the victim D, and made a false accusation against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the statement made to the defendant in the protocol of interrogation of the suspect;

1. A protocol concerning the prosecution and the examination of suspects of D;

1. Complaint;

1. Accrediting, process deed, certificate 2, Kakao Stockholm dialogue, the details of loans to the suspect, the details of the Kakao Stockholm dialogue among written opinions, and the application of the statutes governing the submission of the suspect's sms text (Presentation);

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 mitigated by law;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] Class 1 (General Dismissal) [the person subject to special mitigation] in the mitigation area (one month to one year), the self-denunciation and confession [the sentence] in six months, and the crime of false accusation for one year in the suspension of execution is not only a violation of the State's criminal justice function actively, but also a serious crime that causes the person under consideration to be subject to unfair criminal punishment.

It is not good that the circumstances after the crime are committed, such as the poor motive for the crime, the denial of his mistake at the investigation stage, and the waste of the investigation power of the State.

, however, in this Court.

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