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(영문) 의정부지방법원 2013.12.17 2013고단3356
무고
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 11, 2013, the Defendant: (a) sent a false complaint to the public service center of the Namyang Police Station, which had been kept in the place of the Dong-dong 20-15, for the purpose of having B obtain criminal punishment against B; (b) sent a phone call from the complainant C on December 15, 2012, and submitted it to the police officer working for the public service center of the Namyang Police Station. (c) On January 10, 2013, the Defendant abused B, who was the victim at the E-mail vehicle located in Dong-si, Namyang-si, Namyang-si, Seoul, with a view to having B take criminal punishment against B.

However, on December 15, 2012, B was not able to make intimidation to C because of the lack of telephone call to C, and on January 10, 2013, there was no influence between E Indoor Packaging in F in Gyeonggi-si, Gyeonggi-do, and there was no influence of Defendant.

Nevertheless, for the purpose of having B receive criminal punishment, the defendant filed a false complaint with the above Namyang Police Station and filed a false complaint with B.

Summary of Evidence

1. Defendant's legal statement;

1. Each police station and prosecutor's protocol of statement of the defendant;

1. Each police officer with regard to B and each interrogation protocol of the prosecution;

1. Answers to the details of calls by each radio operator;

1. Application of Acts and subordinate statutes to an investigation report (to hear statements from a complainant);

Article 156 (Selection of Imprisonment or Imprisonment)

1. Articles 157 and 153 of the Criminal Act for mitigation of confessions;

1. The reason for sentencing under Article 62(1) of the Criminal Code was derived from the unsound purpose of receiving a return of money borrowed to B.

In addition, the defendant demanded the above E-mail and B to make a false statement during the prosecution investigation process in order to support his non-existence, and the defendant prepared a complaint and gathered a quasi-administrative agent.

Even in the situation where these acts were revealed in the prosecution investigation process, and the suspicion of false accusation has been clearly revealed, the defendant has set aside his own crime.

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