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(영문) 창원지방법원 진주지원 2019.07.24 2019고단446
무고
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 30, 2014, the Defendant was sentenced to one year in Busan District Court for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence in Busan Detention Center on October 11, 2015.

On May 4, 2018, the Defendant reported the police officer C of false facts about B to the police officer with the aim of having B criminal punishment at the port investigation room of port prison in 1001 according to the North Korea-Eup/Myeon, and to have B receive criminal punishment.

The oral information was written to the effect that “B administered a philophone in a philopped car in the low-slopped car that was parked in a slopped car at the time of Jinkdong at the beginning of December 2016,” and the Defendant did not have any fact that B administered a philophone at the above time and at the above place.

Accordingly, the Defendant reported false facts to the public officials.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of prosecutor's office and police interrogation protocol concerning B;

1. The prosecutor's statement concerning B;

1. A copy of each police statement of the defendant;

1. A complaint;

1. Previous convictions: Criminal records, results of inquiry into criminal records, investigation reports (verification of crimes during the period of repeated crime), printed matters of judgment, and application of Acts and subordinate statutes to the acceptance status of individuals;

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

1. Reasons for sentencing under Articles 157, 153 and 55 (1) 3 of the Criminal Act;

1. The scope of recommendations according to the sentencing criteria shall be unlimited and unlimited (type 1) and the mitigation area, one month to one year;

2. Determination of sentence - Determination of sentence - Incompetence of criminal facts being committed during the period of repeated offense - Incompetence of criminal facts being committed - Incompetence of a person who is not accused or punished, that person does not wish to be punished;

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