logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.10.31 2016고단3625
무고
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 11, 2016, the Defendant: (a) at the Daejeon District Prosecutors’ Office located in Seo-gu, Daejeon; (b) around May 12, 2015, the Daejeon District Court rendered a judgment of Daejeon District Court on June 27, 2016 that C suffered an injury in response to the Defendant, while being tried by the Daejeon District Court on May 12, 2015; and (c) around June 27, 2016, C suffered an injury from the Defendant in response to the said judgment of the said Court No. 318.

A testimony and testimony was made to the effect that C and D had a witness of the above fact appeared to be subject to criminal punishment, and C and D submitted a complaint to the Sejong Police Station on June 5, 2015, and submitted a false fact of damage, and D made a false statement to the same effect to E in the Prosecutor’s Office of Daejeon District Public Prosecutor’s Office No. 412 on September 2, 2016, for the purpose of having C and D receive criminal punishment.

However, on May 12, 2015, C filed a complaint about damage by the defendant when the head, etc. of C, and D testified in the true court after witnessing the above process. Therefore, C did not have any fact that the defendant was guilty or D had no perjury.

Accordingly, the defendant reported false facts to C and D for the purpose of having C and D punished criminal punishment, and made a false accusation against C and D.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each legal statement statute in witness D and C;

1. Article 156 of the Criminal Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to sentencing under Article 62-2 of the Social Service Order Criminal Act: The defendant's false accusation that impedes the appropriate exercise of the State's criminal justice or disciplinary authority and causes waste of investigation power; and the person under investigation by the defendant is subject to investigation by the investigative agency on account of the crime in this case.

arrow