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(영문) 부산지방법원 2017.02.08 2016고단8412
무고
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around 22:55 on November 26, 2016, the Defendant reported to 112 that “B met with the singing room located in the Busan Jingu, Busan, and that he had already been aware of it, went to the beer, and went to the escape.” At around 23:15 on the same day, the Busan Mindo Police Station located in the Busan Jingu, the 10th Pindo, as the Pindo Park on the 10th day, intends to go to play together at the house, “Aindo, the Aindo, I want to go to the right head, followed by the Aindo, and assaulted at one time to the right head, and reported to the right head, 112 of the escape, she unilaterally made a statement to the right-hand, and she unilaterally made a statement to the Pindo.”

However, fact that D was playing together with the defendant in a singing room, and the defendant got to the house, and the defendant went to the house first, and did not assault the defendant.

As a result, the defendant reported false facts with the aim of having D criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Each police statement made to the defendant and E;

1. A report on the occurrence of violence;

1. Investigation report- Application of three Acts and subordinate statutes, such as a beer, a beer, a beer, and a part of head;

1. Article 156 of the Criminal Act applicable to the facts constituting an offense and Article 156 of the choice of punishment;

1. Articles 157, 153, and 55 (1) 6 of the Criminal Act to mitigate confessions;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution is that the defendant was dismissed as above, and the nature of the crime is not that of the defendant.

However, the fact that the defendant is led to confession, the fact that the defendant does not have any punishment for the defendant, the fact that there is no criminal record for the same kind of crime, and the fact that the defendant was detained or has not been convicted due to the accusation in this case.

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