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(영문) 대구지방법원 서부지원 2014.02.11 2012고단613
무고
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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 October 2010, the defendant had the above attorney-at-law, who is not aware of the circumstances, prepare a false complaint against E and F at the D's office located in Daegu Suwon-gu, 2010.

A written complaint was the content that “Defendant E, F, along with G, H, and I, detained the complainant from around 10:0 on September 6, 2010 to around 17:28 of the same day, and safeguarded the front of the entrance so that the complainant may not flee, and as at any time, threaten the complainant to display tea, drinking, and with “the complainant shall die with such fraud as sprinke, spack, and pack.”

However, on September 6, 2010, E and F did not have complied with the defendant's right not to flee in front of the above K cafeteria, and there was no fact that the defendant saw or threatened the defendant.

Nevertheless, around November 3, 2010, the defendant submitted the above written complaint to the public official who is unable to know his name in the public service center of the Seogu District Public Prosecutor's Office located in Yongsan-gu, Daegu District Public Prosecutor's Office.

In this respect, the defendant was arrested for the purpose of having E and F receive criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Parts of each statement of the witness E and F in the protocol of the second and tenth trial;

1. Part of the third protocol of trial G and I's respective statements in G;

1. Parts of each statement of the witness H in the five and nine trial records;

1. Copy of each protocol concerning the examination of police officers against G, H, E, I, and F;

1. Each police statement concerning E and F;

1. Copy of the police statement of the defendant;

1. A decision not to institute a prosecution;

1. Recording notes;

1. Two copies of notification of reasons for non-prosecution;

1. The application of Acts and subordinate statutes to each investigation report (Attachment to a transcript, a recording file file, a copy of a transcript, and a copy of a complaint);

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

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

1. Suspension of execution: the records of the same crime and suspension of qualifications or more under Article 62(1) of the Criminal Act;

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