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(영문) 울산지방법원 2014.10.07 2014고단714
무고
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On February 21, 2013, the Defendant, as a member of the Ulsan Factory Co., Ltd., Ltd., in the Ulsan Northern-dong, inflicted an injury on the Head of the Working Group D at the work site in the Ulsan Automobile Co., Ltd. around 05:15, 2013, and as a result, was currently prosecuted in the Ulsan District Court.

On March 3, 2013, the Defendant prepared a false complaint against D with the intent of having D obtain criminal punishment from the defendant's house located in Ulsan-gu E, Ulsan-gu, and D using the falsified Protocol for the purpose of having D obtain criminal punishment.

The criminal complaint stating that "A, the defendant, was injured by D on February 21, 2013, around 05:15, on the part of Hyundai Motor (State), at the 2nd place of work in the Ulsan Factory, on two occasions, the mother of A, who was the complainant, was charged with two weeks prior to the complainant, on two occasions at the head and once in the 3nd place of work in the Ulsan Factory, and that "A, the defendant was injured by D, as mentioned above, only when the defendant was injured by D, and there was no fact that D caused the injury to D.

Nevertheless, on March 8, 2013, the defendant filed a false complaint with the public service center of the Ulsan District public prosecutor's office located in the Dong-dong, Ulsan District public prosecutor's office of Dong-gu, Ulsan District public prosecutor's office and filed it with D for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Part concerning the statement made in D in the protocol of interrogation of the accused by the prosecution

1. Statement of D police statement;

1. An investigation report (referring to the report on the F of a reference witness, G telephone statement hearing);

1. A report on investigation (a copy of the examination record of witness);

1. Application of Acts and subordinate statutes to a criminal investigation report (a report on confirmation, such as the filing date of a complaint);

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

1. Article 62 (1) of the Criminal Act;

1. Determination of the defendant and defense counsel's assertion under Article 62-2 of the Criminal Act of the community service order

1. The summary of the assertion is all true and true, and the defendant had no purpose of having the criminal intent or other person receive criminal punishment at the time.

2...

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