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(영문) 수원지방법원 2016.12.16 2016고단5187
무고등
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

1. Around 00:30 on June 27, 2016, the Defendant: (a) while drinking alcohol with the Victim F (71) in Masung City D; (b) while drinking with the Victim F (71) on the part of the Defendant, the Defendant: (c) made a dispute with the Victim; and (d) made the Victim, “this Chewing, dead, and discarded,” and (c) expressed the attitude that the Victim would have taken a beer’s disease, which is a dangerous object on the tables, in both hands, and expressed the attitude that the Victim would have been at the time of the Victim.

2. Around June 27, 2016, the Defendant: (a) prepared a written statement stating that “The other party (F) saw a beer and her head while a dispute arises, while the booms occur, he/she divided the beer and the beer in the beer and beer in the beer and the beer while he/she was closely sealed; and (b) submitted it to I, who is a police officer assigned to the above patrol box, a written statement stating that “The other party (F) takes the beer and her head at the beer and brought his/her hand.”

However, the facts are that F, while the Defendant’s drinking with F, attempted to see F as a beer’s disease, was sealed by the Defendant while avoiding this, and F, did not have the Defendant suffered the Defendant’s finger by making the victim due to beer’s disease, or by smuggling the Defendant’s finger.

Accordingly, the defendant reported false facts to F for the purpose of having F punished criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement of F in a police suspect interrogation protocol;

1. Statement made to the police officer by the J;

1. To describe the statements prepared A or to apply the existing Acts and subordinate statutes;

1. Relevant Article of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, Article 156 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act (with respect to a crime of confession and false accusation), which are statutory mitigation;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 of the Criminal Act:

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