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(영문) 제주지방법원 2015.09.03 2015고단804
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

On October 6, 2012, the Defendant submitted to the Anti-Corruption and Civil Rights Commission a letter of complaint stating, “Around July 2012, 2012, G, the Defendant, knife, knife, knife, by threatening the complainant, and the Defendant C, knife, knife, assaulted the complainant’s chest and buckbucks by sending them.” On the same day, the Defendant presented to the police officer in charge, who was investigated by the Jeju Western Police Station to which the above letter of complaint was sent, by mail, and stated to the same effect.

However, at the above location, G knife with the defendant's knife by intimidation, or H did not assault the defendant's chest and buckbucks by the defendant, so the above contents of the complaint were false.

Accordingly, the Defendant submitted a false complaint to the effect that G and H would be subject to criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the complaint, copy of each statement, and each protocol of suspect examination;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 157, 153, and 55 (1) 3 (Confession) of the Criminal Act, which are statutory mitigation;

1. The Defendant’s act of sentencing on the grounds of Article 62(1) of the Criminal Act (see, e.g., circumstances favorable to the Defendant among the reasons for sentencing) is a serious crime that undermines the State’s criminal justice function, and the nature of the offense is greater in that it actually becomes the subject of investigation or investigation for a considerable period of time. As such, the Defendant

However, the defendant seems to have an attitude to recognize the crime of late late in this court and to reflect the mistake, and there is no record of punishment more severe than the fine until now after being sentenced to imprisonment by the military court for about 30 years.

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