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(영문) 대구지방법원 서부지원 2014.01.14 2013고단1294
무고
Text

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

The defendant C prepared a complaint against D in the name of the defendant in a place where it is not known to the first police officer on August 2013.

The defendant defendant D had inflicted injury upon the complainant in a dry field located in Daegu-gun E around July 5, 2013, and there was no fact that D had inflicted injury on the defendant.

Nevertheless, around August 7, 2013, the Defendant submitted the above false complaint to the police officer who is unable to know his name in the Daegu Haak-gu Police Station civil petition office of the Daegu Haak-gu Police Station, which is located in the Daegu Mang-si, Daegu.

In this respect, the defendant was arrested for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Each legal statement of witness D and F;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the prosecutorial statement of the accused;

1. A protocol concerning suspect examination of D;

1. Statement of each police statement of the defendant and F;

1. Complaints of the accused;

1. Application of Acts and subordinate statutes to each investigation report (Attachment of a medical certificate for injury, cadastral editing chart, etc., attachment of site photographs and civil petitions, attachment of details, counter-investigation by treatment doctors, hearing reports on G telephone statements from reference witnesses, and copy of treatment records);

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

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (i.e., that the accused is aged and that there is no record of punishment, as well as that there is no record of punishment, in addition to punishment sentenced twice due to other types of crimes

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