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(영문) 춘천지방법원 2014.03.20 2014고단53
무고
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is living together with C from around 2009 to November 201, 2013.

On November 2013, 2011.

In the process, when the defendant was forced to file a civil suit from the above C, he filed a criminal complaint against C with a false content, and thought C to respond to the civil suit filed by C.

Accordingly, around December 13, 2013, the Defendant prepared a complaint stating that “A around 10:00 on December 7, 2013, at the low-income house located in Gangwon-si, Gangwon-do, used violence, such as cutting down the title and selling arms and legs, and submitted it to the Chuncheon Police Station.”

In fact, on December 7, 2013, the defendant and C were only aware of a civil litigation issue, and the defendant and C did not have any fact that the above C saw the defendant's neck by his hand or her arms and legs by drinking.

In this respect, the defendant was committed with the aim of having the above C criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

1. A written statement;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 156 of the Criminal Act applicable to the crimes and Article 156 of the Election of Imprisonment;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act (inasmuch as a judgment of an innocent case has been led to a confession before the judgment of an innocent case becomes final and conclusive), statutory mitigation;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the reasons for sentencing favorable to the reasons for sentencing] of the Act on the Suspension of Execution [the decision of a sentence] and the elements for mitigation of general affairs [the person who is a special person] - the mitigated area of self-denunciation and confession [ the scope of recommendation] / [the scope of recommendation] mitigation element] from January to one year [the scope of general person] / serious reflectness, and no record of criminal punishment [the scope of punishment] statutory punishment under Article 156 of the Criminal Act: Reduction of statutory punishment under Article 156 of the Criminal Act: Reduction of statutory punishment: Reduction of sentence of imprisonment between January and 10: 1 to 5 years [the scope of statutory aggravation and statutory mitigation of sentence of imprisonment: (1) month and 5 years of suspended sentence of imprisonment]

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