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(영문) 대구지방법원 2018.07.10 2018고단2125
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

On January 30, 2016, the Defendant made a statement to the effect that “A around December 17, 2015, in order to have C receive criminal punishment from an Intelligent Police Station Office and an intelligence team office located 68, the Defendant sent a statement to the effect that “A around December 17, 2015, Japan changed to E in this election (the election of the President of the D Saemaul Depository located in the Gyeongsan-si, the election of the President of Jan. 28, 2016)” and “C brought one million won in cash.”

However, in fact, the defendant did not receive one million won from C for the purpose of E in the above date, time, and place.

Nevertheless, the Defendant made a false statement to the investigative agency as above, thereby making the Defendant informed C of the false information.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect with regard to C;

1. Statement made by the police with regard to C;

1. Recording notes;

1. Application of the Act and subordinate statutes to a request for an investigation into receipt of money and valuables related to the election of the credit cooperative;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Act / [the scope of recommendation] The mitigated area (one month to one year) of the mitigated area (one year to one year) / [the person who is specially mitigated] The consent of the person under special mitigation / [the decision of sentence] 6 months of imprisonment with prison labor, and the conditions unfavorable to two years of suspended sentence: the nature of the crime is not good;

A favorable normal condition: A consent was given by a person with no interest.

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