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(영문) 대전지방법원 홍성지원 2018.01.31 2017고단631
무고
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On June 8, 2015, the Defendant drafted a false complaint with respect to C using a computer at the Daesung-gun Office located in Hongsung-gun, Hongsung-gun.

The defendant C did not agree to walk the defendant's body, etc. with the content that "A, on June 3, 2015, 18:30, walk the complainant's will, etc. and thus punished the complainant's injury." The defendant C did not agree to walk the defendant's body.

Nevertheless, on June 15, 2015, the defendant submitted the above written complaint to the police officer in charge of name in the public service center in the Hongsung-gun, Hongsung-gun.

In this respect, the defendant made a false accusation for the purpose of having C receive criminal punishment.

2. Around December 30, 2016, the Defendant drafted a false complaint against D with the Defendant’s house located in Hongsung-gun, Hongsung-gun, Hongsung-gun, with a see pension.

The complaint states that "The defendant D died of stimulous salt owned by the complainant at around 12:00 on May 24, 2014," and that "D did not have any fact that the defendant died of stimulous salt."

Nevertheless, on December 30, 2016, the defendant submitted the above complaint to the police officer in charge of name in the public service center of the Hongsung Police Station located in Chungcheongnam-gun, Chungcheongnam-gun.

In this respect, the defendant made D's accusation for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Each legal statement of witness D, C, and F;

1. A protocol concerning the examination of suspects of D to the prosecution (including the C statement);

1. Statement made by each prosecutor with respect to F and G by the prosecution;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to each complaint, each related case record, text of judgment, and investigation report (Evidence Nos. 10, 17, 25, 26, 27, 33, 37)

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Determination as to the defendant's assertion under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes

1. The summary of the assertion C on June 3, 2015

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