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(영문) 광주지방법원 2016.11.24 2016고단2527
무고
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On May 2, 2016, the Defendant submitted a written complaint to the public service center of the Gwangju District Public Prosecutor's Office located in the Dong-dong, Gwangju Metropolitan City, stating that “D shall be punished for perjury,” and submitted a statement to supplement the complaint at the investigation office of the foregoing Gwangju District Public Prosecutor's Office and the office on May 19, 2016. While Defendant (A) did not speak or take a bath to E on June 1, 2015, Defendant D was present as a witness of the Defendant's insult case (Seoul District Court 2016No43) on April 15, 2016, the Defendant presented it as follows: “The Defendant (A) expressed his desire to take a large interest to E on June 1, 2015.”

However, in fact, the defendant continued to take a large interest in spite of the police officer D who was dispatched to the police after receiving a report, as a vision for E and parking problems, and the defendant did not want D to receive criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A copy of each record in relation to witness D or F;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Examination protocol of police suspect regarding D;

1. Partial statement of the police statement against the defendant;

1. Copy of the police statement of E;

1. Details of E currency;

1. A complaint;

1. Application of statutes governing judgment;

1. Article 156 of the Criminal Act applicable to the crimes and Article 156 of the Election of Imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] Article 62(1) of the Act on the Suspension of Execution is a crime which seriously threatens the legal stability of the police officer’s attempt to infringe on the national legal interest, which is a proper exercise of the State’s trial function, and threaten the legal stability in order to avoid a crime without a sentence. In particular, the crime without a sentence of this case is a case on which a police officer, who was dispatched to the site upon receiving a 112 report, files a complaint with perjury on the legal statement of the situation at the time of the police officer’s dispatch to the site.

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