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(영문) 창원지방법원 마산지원 2020.07.21 2020고단486
무고
Text

A defendant shall be punished by imprisonment with prison labor 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

Around 14:30 on March 24, 2020, the Defendant filed a false complaint with the police officer on his name-free statement at the Masan-dong Police Station, Masan-si, Masan-si, Masan-si, Masan-si, Masan-si.

The complaint is that "B received alcoholic beverages equivalent to KRW 1320,00 from the defendant without the intention or ability to settle the drinking value from the D points in the operation of the defendant's location in Changwon-si, Changwon-si around 20, 2018," and that "B received alcoholic beverages equivalent to KRW 1320,000 from the defendant on December 20, 2018, and that there was no fact that B received alcoholic beverages from the defendant at the above D points around 21:00 on December 20, 2018.

Accordingly, the defendant was arrested for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of the defendant;

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

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. Statutory mitigation (self-confluence) under Articles 157, 153, and 55 (1) 3 of the Criminal Act;

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. Scope of punishment by law: Imprisonment with prison labor for a period from 1/2 to 5 years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of punishment] the general accusation [the category 1] (the special sentencing person] mitigated factors: Voluntary confession [the scope of the recommended area and the scope of the recommended punishment] mitigated areas, one month to one year;

3. Prosecutor's opinion: Six months of imprisonment;

4. The Defendant, at around 2015, declared that B did not have contact without having any credit rating and did not have contact, and that B made a false receipt, etc. as if he did not have any credit rating around 2018.

In 2002, even though there has been little punishment of a fine due to a crime of non-competence, it has also been committed the same crime.

However, the defendant recognizes and reflects crimes.

There was no high risk that B would be punished by making a false accusation in the police.

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