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(영문) 부산지방법원 2017.05.18 2016고단8411
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 15, 2016, the Defendant: (a) in the public service center of the Busan Police Station located in 111 Doo-ro 6, Busan High-ro, Busan High-gu, Busan High-ro on November 15, 201; and (b) KRW 850,000,000,000.

Around November 21, 2016, the above police station economic crime investigation and the economic 2 team office made a statement to the effect that "The mobile phone was 850,000 won and 850,000 won and 8,000 won were paid as 24 months in installments, and the mobile phone was 24 months in installments." However, D was known to the effect that "The mobile phone was 8,000 won and 8,000 won were paid as 24 months in advance, and it was recorded that it was opened in the name of women who was not known, and it was recorded that it was 10,000 won and 24 months in advance."

However, on August 25, 2014, the defendant requested D to open the cell phone opening directly with the middle and highphone, and did not purchase the latest cell phone from D.

As a result, the defendant filed a false complaint with D for the purpose of criminal punishment, and brought a false complaint against D.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of D by the prosecution (including part concerning the questioning of the defendant);

1. Statement made by the police against the defendant;

1. Application of Acts and subordinate statutes to file a complaint, an application form, two copies of cell phone photograph photographs, advertising closures ( February 22, 2013), investigation reports (LG Telecom E), details of claims by account, and details of claims by account, and the payment of charges;

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended sentences] Class 1 (general dismissal) is the mitigated area (one month to one year).

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