(영문) 의정부지방법원 고양지원 2015.01.29 2014고단1783

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(영문) 의정부지방법원 고양지원 2015.01.29 2014고단1783

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 this judgment becomes final and conclusive.

Reasons

Criminal facts

On April 18, 2014, the Defendant prepared a complaint for C at the Gyeonggi Yangyang Police Station, which was 12, Goyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, and submitted it to the public service center.

The complaint was the content that "The defendant C, who is the head of the cleaning team, had the complainant faced with the wall because the complainant was flicking the order of the apartment cleaning."

After that, around 15:00 on April 19, 2014, the Defendant stated to the effect that “C 15:00 was investigated as a complainant, and 4 times the head of the Defendant’s head was taken from D 1001 Dong underground room around April 18, 2014, and caused injury, such as thalphy, which requires treatment for about 14 days.”

However, in fact, C did not face the head of the defendant and did not assault the defendant by other means.

As a result, the defendant was arrested for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

2. Police suspect interrogation protocol regarding C;

3. Application of the Acts and subordinate statutes governing the complaint;

1. Relevant Articles of the Criminal Act and Article 156 of the Criminal Act concerning the crimes;

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

3. The crime with no reason for sentencing under Article 62(1) of the Criminal Act is an element for sentencing unfavorable to the defendant, in light of the fact that the crime causes unnecessary waste of human resources of the criminal justice agency and may cause mental pain to the victim, and that it may lead to a false exercise of the State penal authority, and thus, it is necessary to strictly punish the crime.

On the other hand, it is an element of sentencing favorable to the defendant, such as the fact that the defendant recognizes the facts charged in the instant case and is against the defendant, the accused does not want the punishment against the defendant, the defendant has no record of crime, and the defendant is responsible for his family's livelihood.

Furthermore, the age, character, character and environment of the defendant.

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