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(영문) 대구지방법원 상주지원 2014.07.15 2013고단624
무고
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 16:00 on August 8, 2013, the Defendant was spiting and spiting off to E in the case of a door-to-door D Do located in C, which was entrusted with the management of the above building, and on the part of E and E, which was disputed due to the refund of lease deposit, and became confused with the Defendant, since there was no spiting and spiting into the business.

Nevertheless, at around 15:00 on October 2, 2013, the Defendant submitted a false statement to the effect that “A police station in the Seodaemun-gu Police Station located in Seodaemun-gu, 916, the Simyeong-gu, Mao-dong, 15:00, issued a false statement to the effect that “I will come to the end of fighting because I will not cause the spitr of the spitr on the face because I will come to the end of fighting,” with the intention of having E criminal punishment. On October 11:13, 2013, the Defendant made a false statement to the effect that “I will come to the end of fighting because I will not cause the spitr of the spitr on the face.”

Summary of Evidence

1. Each legal statement of witness E and F;

1. Investigative report (report on viewing video images): (Investigative records, No. 167 pages);

1. A complaint filed by the defendant or G;

1. The defendant's complaint that goes in close from E constitutes a false accusation, in light of the fact that the defendant and his/her defense counsel have closed down the screen pictures (the defendant and his/her defense counsel did not go in close from E, and thus, they did not go in closed. However, in light of the fact that the F at the time was prevented from going in secret to the defendant with the shoulder of E, the defendant's complaint that goes in close from E can be acknowledged as constituting an unsatisfy. Accordingly,

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. Sentencing (Categories of Crimes) No person who commits a false crime, nor types 1 (General Accusation) [the scope of recommending punishment] (the scope of recommending punishment), the basic area (6 to 2 years) (whether suspended sentence is suspended or not], and there is no main reason for such suspension;

2. Determination of sentence;

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