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(영문) 의정부지방법원 고양지원 2017.05.11 2016고단3891
무고
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

around April 2012, the Defendant borrowed KRW 47 million to D, who is the husband of C, and did not receive KRW 47 million, and therefore, the Defendant was a good for C.

On September 27, 2016, the Defendant: (a) requested a certified judicial scrivener in his/her place to a certified judicial scrivener in his/her place; (b) caused bodily injury, such as a elbow blusing blusium, etc. on the left side of the 2nd week in the Jeonyang-si Office, the Defendant, on September 20, 2016, by requesting the Defendant C to use both the complainants in his/her hand in his/her place on September 20, 2016; and (c) dives off the outside and 30 minutes of the underground room.

On September 27, 2016, at the public service center of the Pakistan Police Station, which was located in 140, in the event of the Gyeonggi-do match, submitted a complaint prepared as above to a police officer whose name is unknown.

However, there is a fact that the defendant sought a claim at a place where C is working to receive money on September 20, 2016, but the defendant would be diving in the above rest room while C does not respond.

On the other hand, the defect was returned to the employees of the security room, whether they were self-helped, and the above rest room cannot lock the door or be towed out of the outside, so C did not have the fact of breaking up the body of the defendant at the above time at the above time.

Nevertheless, the Defendant made a false accusation against C by preparing and submitting a false accusation for the purpose of having C receive criminal punishment.

Summary of Evidence

1. The legal statement of the witness C;

1. Complaint;

1. On-site CCTV photographs, CCTV CDs in the case, and on-site photographs of the case;

1. Application of Acts and subordinate statutes to report on investigation (F or G telephone hearing reports, who are employees of a security room);

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

1. Article 62(1) of the Criminal Act provides that the criminal justice function of the State shall be the same as the sentencing of Article 62(1).

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