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(영문) 대구지방법원 2019.08.29 2019고단2761
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 this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 9, 2019, at around 08:34, the Defendant reported to the police officer E of the police station affiliated with the Gyeongcheon-gu Police Station D Laboratory that called the “C Seniors Center” located in Yongcheon-si, Youngcheon-gu, Seoul. Around 08:34, at the front of the “C Seniors Center”, the Defendant reported to the effect that “F obstructed the vehicle at this place, obstructed the her face of hand, etc., and sleeped the her bat, etc.” On the same day, around 09:05, the Defendant made a statement to the said E at the office of the above D police box located in Youngcheon-gu, Youngcheon-gu, Seoul, stating that “F obstructed the vehicle (the Defendant) who was going to work before the said C Seniors Center (hereinafter referred to as “the Defendant”), and tried to stop the vehicle by driving it again, and then see the Defendant’s 112 report to the cell phone as a hand-on, etc. (hereinafter referred to as “the Defendant”).

However, at the time, the Defendant did not have suffered the above violence from F.

As a result, the Defendant reported false facts to an investigative agency for the purpose of having F criminal punishment imposed upon the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused and F by the prosecution;

1. Application of Chapter 1 of the Act and subordinate statutes to black boxes and video CDs

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Articles 157, 153, 52 (1) and 55 (1) 3 of the Criminal Act for mitigation of confession and mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommendation [decision of types] according to the sentencing guidelines and the scope of recommendation [the category 1] general accusation (the special appearance [the scope of recommendation and recommendation] mitigation element]: Confession (the scope of recommendation field and recommendation range] mitigation area, imprisonment with labor for one month to one year;

2. Decision of sentence: Imprisonment with prison labor for eight months and suspended sentence for two years has been made by false facts, and the crimes are deemed to be inferior in light of the Criminal Procedure Act, etc.

However, the defendant's confession and reflects in this court.

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