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(영문) 서울남부지방법원 2017.11.14 2017고단2167
무고
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On December 21, 2016, the Defendant was sentenced to five months of imprisonment with prison labor for a crime of obstructing the performance of official duties at the Seoul Southern District Court on April 28, 2017, and the said judgment became final and conclusive on April 28, 2017. On April 25, 2017, the said court was sentenced to four months of imprisonment with prison labor for a crime of obstructing the performance of official duties, and the said judgment became final and conclusive on June 20,

[2] On December 20, 2016, at the EPC room operated by Gangseo-gu Seoul Metropolitan Government C, around 00:56, the Defendant reported to the police by phone 112 using a mobile phone used by the Defendant, and reported to the police that “the Defendant was assaulted.” On December 19, 2016, the Defendant stated that the police officer belonging to the Busan Metropolitan Area, who was called to the site upon the receipt of the above report, arrested the said PC room operator on the wind that he reported on December 19, 2016 due to interference with his duties and assault, and went to the said PC again after being arrested in the police on the wind that he reported on the 112th day, and that the PC operator went to the said PC again after being investigated by the police.”

However, in fact, the defendant is expected to the above PC suspender door, and the body goes beyond the wind of the body, and there was no assault from the F.

Nevertheless, the Defendant reported false facts to the police station for the purpose of having F take criminal punishment against the Defendant.

Summary of Evidence

1. Legal statement of witness F, G and H;

1. Statement made by the police against the defendant;

1. A protocol concerning the interrogation of suspect with respect to F;

1. The written statement of the defendant;

1. A detailed statement of investigation report (Attachment to a detailed statement of processing cases reported 112), and a detailed statement of processing cases reported 112;

1. Previous convictions in the judgment: (A) of a written request for inquiry, text of the judgment (5, 17 No. 48 of the remaining part of the judgment), text of the judgment (17 order 95 of the remaining part of the judgment), application of the statute for inquiry of summary information of the case;

1. Article 156 of the Criminal Act applicable to the crime and Article 156 of the Selection of Punishment (False Accusation and Selection of Imprisonment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Consideration of the favorable circumstances among the following grounds for sentencing)

1. Protection observation;

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