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(영문) 의정부지방법원 2014.09.03 2014고단888
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

On September 9, 2013, the Defendant prepared a complaint at the Criminal System of the Southyang Police Station located in 21-5, 2013, stating that “At the time of the Namyang-si, the Defendant: (a) 18:30 on June 29, 2013, at the time of the Namyang-dong, C gets to satisf at the right side of the saturba, which is located in the principle of leaving the satisfe at the time of the Namyang-gu, Namyang-dong, and (b) she started to satisf at the right side of the saturba and was in a very de facto condition, and (c) was hospitalized at the time of the night, and submitted a complaint with the above false contents to D, who

On June 29, 2013, the Defendant continued to appear at the criminal charge of the Namyang Police Station and the Integrated Criminal Team office of the Namyang Police Station on the same day, and made a supplementary statement to the complainant, “C, the Defendant at the Defendant’s complaint,” stating to the effect that “The Defendant, prior to the point of Kuyang-si, who was the Defendant, was punished for the Defendant on the left-hand side of the complainant, by cutting his arms from the complainant prior to the point of Kuyang-si, which is in the principle of the right to leave.”

However, there was no fact that C had inflicted an injury on the defendant.

As a result, the defendant was arrested for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. C and each police statement of the defendant;

1. Police investigation report (field investigation);

1. Application of Acts and subordinate statutes to the petition for accusation (record No. 89 pages);

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [Determination of Penalty] and Article 62(1) of the Act on the Suspension of Execution [Determination of Penalty] The basic area [Scope of Recommendation] ] 6 months to 2 years ] - [The elements for mitigation of punishment] - None of criminal punishment [Scope of Penalty] 1 months to 10 years / [Prohibition of Suspension of Execution] - The main reasons for major reference: No positive criminal punishment [Attachment of Penalty and Recommendation] : The comparison of punishment and recommended punishment by law for 1 month to 10 years : Six months : Imprisonment with prison labor for 6 months [Determination of Punishment], and one's mistake for 2 years : Suspension of Execution.

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