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(영문) 대전지방법원 논산지원 2017.09.29 2017고단330
무고
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and D are the legal divorce relationship that reported the marriage on October 14, 2005, and currently are the divorce lawsuit.

On February 3, 2017, the defendant prepared a false complaint about D at the F Certified Judicial Scriveners Office located in E, E, and then prepared a false complaint.

On January 11, 2017, G. G. G. G. G. G. G. G. G. 902, G. G. G. G. G. G. 108 902, the defendant's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff

“........”

However, in fact D did not have any such fact as the above, that the defendant was faced with the defendant.

Nevertheless, the defendant submitted a written complaint to the police officer in charge at the Seosan Police Station located in 159, Seosan-ro, Seocheon-ro, Seosan-gu, Seosan-gu, Seosan-gu, Seocheon-ro.

Accordingly, the defendant had D without the purpose of having D receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes to report on investigation (Attachment to the complaint related to the principal case of the person under investigation);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] The mitigated area (one month or one year from January to one year), the self-denunciation and confession [decision of sentence] of the mitigated area is a serious crime that may endanger the proper judicial function and trial function of the State, and the risk of causing the person under consideration to be subject to unfair criminal punishment, etc., and requires strict punishment.

Moreover, this case is very poor that the defendant committed to obtain materials favorable to the husband in the course of the failure of marriage with the husband.

However, the fact that the defendant recognizes the late mistake and reflects it, the legal risk to the person who is not the victim is not realized, and the defendant's person is not the defendant.

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