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A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 28, 2015, the Defendant received a letter of complaint from the police officer in charge in the Jinju Police Station civil service center of the Jinju Police Station, No. 24-gil3, Jinju-si, and prepared a false letter of complaint against C.
The complaint is that "A defendant C had injured the face in the D apartment guard room around January 2, 2015, Jinju-si, Jinju-si, who caused the injury to the defendant." There was no fact that C had inflicted an injury on the defendant.
Nevertheless, the defendant submitted the above complaint to the police officer who could not know his name in the public service center of the Jinju Police Station on the same day.
As a result, the defendant was arrested for the purpose of having C receive criminal punishment.
Summary of Evidence
1. Defendant's legal statement;
1. Each police interrogation protocol regarding C;
1. Statement to E by the police;
1. Investigation report (F and monetary content);
1. Application of the statute on filing of a complaint to the defendant
1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;
1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to be legally mitigated;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of sentence recommended on the sentencing guidelines [decision of types] the scope of sentence [special mitigation] shall be free from the general public (person subject to special mitigation], self-denunciation and confession (the scope of recommending punishment] shall be punished by imprisonment for not less than one month but not more than one year;
2. The Defendant, on the sole ground that it is not good between himself/herself and his/her reputation, did not disturb the State’s criminal justice function and inflict mental pain, etc. on C, and the Defendant’s liability is not against the law.
However, before the criminal punishment against C is finalized, the defendant made a confession of hisless crime, which corresponds to the legal grounds for reduction of or exemption from punishment, shall be considered as favorable to the defendant. Other records and arguments of this case, including the fact that the defendant is older than 70 years of age, character and conduct of the defendant, family relationship, etc.