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(영문) 인천지방법원 2013.09.05 2013고단3713
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

On December 5, 2012, around 11:40 on December 5, 2012, the Defendant found to be the director of Yeonsu-gu Incheon apartment management office in order to issue a written resolution for expenditure related to accounting from the head of the management office of the above apartment.

The Defendant reported the 112 police report to D on the phone that “D invadedd the coffee contained in the instant World Cup,” and reported to the police officer who immediately dispatched to D’s office, that “D assaulted the coffee contained in the instant World Cup,” for the purpose of having D receive criminal punishment, although the said D did not spread the coffee to the Defendant.”

Accordingly, the defendant reported false facts to police officers for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Some of the statements made to the accused by the prosecution concerning the suspect interrogation protocol (including the part concerning the statement made to D);

1. A protocol concerning suspect examination of D;

1. Report on personal arrest of the suspect and report on the situation of appearance at the site;

1. Each photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 51 of the Criminal Act, which is shown in the record, such as the fact that the defendant is led to the crime in this court and is repented of his mistake, the fact that there is no criminal record exceeding the same kind of crime and fine, the circumstances after the crime, the motive and circumstances leading to the crime in this case, the age, character and conduct of the defendant, and family environment

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