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(영문) 대전지방법원 천안지원 2018.06.15 2018고단998
무고
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On November 21, 2017, the Defendant: (a) around 11:34, and around 11:34, the Defendant used a mobile phone owned for the purpose of having E and F obtain criminal punishment; (b) around 901, the DNA telecom 901, which is located in the Northern-gu, Northern-si C.

Dencked and boomed by violence; and

빨리요 빤 니 ’라고 문자신고를 하고, 같은 날 12:31 경 천안 서북 경찰서 강력 3 팀 사무실에서 ‘ 채권 자인 E이 F을 데리고 찾아와 모텔 안에서 채무 변제를 요구하고 복도에 나가 전화를 하는 것을 감시하는 등 감금하였으며 점퍼를 덮어씌운 채 발로 20여대를 밟았다’ 는 취지로 진술하였다.

However, E and F did not have any fact that the defendant was involved or detained.

Nevertheless, the defendant reported false damage as above, and raised E and F by making a statement of damage.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol of interrogation of the police officers in relation to E or F (including the part concerning the statement of the accused in the three-time protocol of interrogation of the police officers);

1. Statement made by the police against the defendant;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 156 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (Inter-Korean between E and F)

1. Selection of imprisonment with prison labor chosen;

1. Article 157, Article 153, and Article 55 (1) 3 of the Criminal Act to mitigate self-denunciation;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The crime without any reason for sentencing under Article 62(1) of the Criminal Act is a serious crime that interferes with the appropriate exercise of the national criminal justice or disciplinary authority, as well as undermining the appropriate exercise of the State’s criminal justice or disciplinary authority, and, in light of the circumstances and details of the crime in this case, the nature of the crime is not weak in light of the nature of the crime in this case, and the crime in this case appears to have suffered a considerable mental pain while arrested and being investigated. Meanwhile, the defendant is at the prosecution stage.

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