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(영문) 대구지방법원 2019.07.04 2019고단2351
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 February 26, 2019, the Defendant: (a) at the Daegu Dong-dong Police Station civil petition office located in 209, Daegu Dong-gu, Daegu-dong Police Station; (b) the Defendant directly prepared and submitted a new service contract to a mobile phone seller B for the purpose of opening a mobile phone in the name of the Defendant; (c) submitted a false complaint to the effect that the aforementioned A mobile phone fees are excessive; and (d) “B opened a mobile phone of a species which he does not want to consent,” and (e) submitted a false complaint to the effect that “B opened a new service contract under the name of the Defendant by arbitrarily signing the new service contract”; and (e) around February 27, 2019, at the investigation and C office of the Daegu Dong-dong Police Station and C office, the Defendant stated that “B opened a mobile phone of the species of which he does not want to belong to the suspect; and (e) during this process, arbitrarily signed the new service contract in the name of the Defendant.”

Accordingly, the defendant raised B without criminal punishment for the purpose of having criminal punishment imposed.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. The police statement of the defendant;

1. Complaints and new contracts for services;

1. Application of Acts and subordinate statutes to investigation reports (record files submitted by suspects B);

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

1. Articles 157, 153 and 55 (1) 3 of the Criminal Act for mitigation of confessions;

1. Reasons for sentencing under Article 62(1) of the Criminal Act - The reason for sentencing under Article 62(1) of the Suspension of Execution - The fact that a person under probation has not caused serious consequences, such as confinement or prosecution, etc., to the person under probation, the first offender - The defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc. shall be determined as ordered in consideration of the various circumstances

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