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(영문) 대구지방법원 김천지원 2019.01.10 2018고단808
무고
Text

A defendant shall be punished by imprisonment for four 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

On May 31, 2018, at the Kimcheon Police Station located in Kimcheon-ro, Kimcheon-ro, 164, the Defendant prepared a false complaint against B with the intention of having B punished criminal punishment.

The complaint was the content that "B was judged by Kimcheon-si C, Kimcheon-si, D around March 2018, and other things, such as capital reduction."

However, on March 12, 2018, the Defendant agreed that B’s refusal to give up the internal house would be a farmer, and that B would give up the house.” The Defendant agreed that B would go up with the vice-satis.

Therefore, B did not damage the prosecution of the defendant without the consent of the defendant.

Nevertheless, around May 31, 2018, the Defendant submitted the above written complaint to a police officer under his/her name in the Kimcheon Police Station, and around June 15, 2018, the Kimcheon Police Station investigation and the Criminal 2 Team office stated to the effect that the judicial police officer in charge of the case of the complaint stated that “B brought the prosecution that he/she puts up without the consent from around March 2018, 201.”

As a result, the Defendant reported false facts to public offices for the purpose of having them sentenced to criminal punishment B.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Legal statement of the witness B;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to the accusation, statement of statement (victim), investigation report (Attachment of inquiry report as a result of the transfer processing), investigation report (Attachment of cellphone text messages) and recording records;

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

1. Comprehensively taking account of the evidence of conviction under Article 62(1) of the Criminal Act, the following facts can be acknowledged.

① Around March 12, 2018, the Defendant agreed to receive a subsequent compensation from B and that B would proceed to the prosecution of the Defendant.

② A around that time, he saw the prosecution of the defendant by using a black box.

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