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(영문) 대구지방법원 포항지원 2017.09.14 2017고단883
무고
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 December 13, 2016, the Defendant drawn up a false complaint against C at an influence point.

The gist of the accusation is that “Defendant C, a complainant, was permitted to subscribe to a mobile phone in the name of the complainant, even though he/she did not have obtained permission from the complainant, he/she prepared an application form for joining the mobile phone in the name of the complainant on February 3, 2016, and around February 19, of the same month, with respect to a total of three persons, including one cell phone in the name of the complainant, and submitted the application form.” On February 3, 2016, C was permitted to subscribe to a mobile phone in the name of the defendant.

Nevertheless, on December 13, 2016, the Defendant submitted the above complaint to the police officer who is unable to know his name at the public service center of the South-west Police Station located in the south-gu Office of Port 55 located in the Nam-gu, South-gu, and made a supplementary statement to the same effect as the investigation of the South-west Police Station of the above port on the 20th day of the same month.

In this respect, the defendant made a false accusation for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. Each report on investigation;

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

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) 3 of the Criminal Act to be mitigated by law;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] Class 1 [the person subject to special mitigation] [the decision of sentence], the confession of the self-denunciation [the defendant] of the mitigated area (one month or one year from January to one year] of the mitigated area, the defendant's confession of the facts charged in the instant case, and the defendant has no previous conviction, and the defendant has no previous convictions, and the defendant's age, environment, sex behavior, motive of the crime, circumstances after the crime, etc. are considered, and all other circumstances constituting the sentencing conditions specified in the argument in the instant case, such as the defendant's age, environment,

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