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(영문) 서울남부지방법원 2014.09.17 2014고단2630
무고
Text

A defendant shall be punished by imprisonment for not less than eight 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 March 2014, the Defendant prepared a false complaint with respect to D using a computer via C in the Seoul Flue House in Seoul Flue House.

A written complaint states that "A defendant who is a de facto marital relationship D is a person in a de facto marital relationship with his/her father and son E and F around February 13, 2013 as a matter of internal mathy with his/her father and E and F, and thus has abused his/her father and E without raising son E, so that he/she is punished in an unsound manner." The defendant is punished for the same year.

4. Around 15, the Gangseo Police Station appeared at the Gangseo Police Station, and stated that “D was punished because E suffered from her snow, because he or she did not leave her house on the basis of the relationship with internal combustion, she abused and left her baby E, leaving alone.”

However, the fact that D was unable to withstand the defendant's habitual violence, and therefore, D was a house for the protection of women's protection facilities, and his wife E was playing in the designated childcare center play in accordance with the application of women's protection facilities and was in the open room around the snow.

Nevertheless, the defendant has been under C through the same year.

3. Around 26. Around 26. Around 1.26.2, the above complaint was submitted to the employees of the public service center of the Seoul Southern District Public Prosecutor’s Office located in Yangcheon-gu, Seoul.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police statement of the defendant;

1. Investigation report (Evidence 19);

1. G statements;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of the recommended sentence according to the sentencing criteria [the scope of the recommended sentence] and the general dismissal (the scope of the recommended sentence] shall be sentenced to six months through two years (the basic area);

2. A sentence shall be sentenced to strict punishment in light of the gravity of harm and injury that may be inflicted on society as a whole, but shall be sentenced to a fine for domestic violence that he/she has inflicted.

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