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(영문) 대전지방법원 홍성지원 2017.10.16 2017고단222
무고
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

In fact, the Defendant: (a) around November 23, 2016, at the D main points located in Hongsung-gun, Hongsung-gun, the Defendant only abused the Defendant, such as cutting off the Defendant’s trees, and did not have been assaulted by the said E; (b) on December 12, 2016, at the F judicial scrivener Office located in Hongsung-gun, Chungcheongnam-gun, the Defendant made a false accusation to the effect that “The Defendant inflicted approximately two weeks of injury upon the Defendant’s head and neck at the above main points at around November 23, 2016,” and was present at the Hongsung District Public Prosecutor’s Office in the Daejeon District Public Prosecutor’s Office located in Hongsung-gun, Hongsung-gun, Daejeon, and made a statement to the effect that he/she was killed and wounded by the investigation police station around December 23, 2016.

Accordingly, the defendant had the above E with the aim of having the above E punished criminal punishment.

Summary of Evidence

1. Each legal statement of witness E, G, H, and I;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the prosecution with regard to G;

1. Statement made by the police against some of the defendant;

1. Each police statement made to H and I;

1. Application of Acts and subordinate statutes to the complaint, investigation report (Evidence No. 9,25) (Evidence List No. 9,25);

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 on the suspended execution;

1. Determination as to the defendant's assertion under Article 62-2 of the Criminal Code of the Social Service Order

1. The summary of the assertion is that the Defendant was injured by assaulting from E at the D main points located in Chungcheongnam-gun Hong-gun on November 23, 2016, and thus, the instant complaint does not constitute a false complaint.

2. The following circumstances acknowledged by the evidence duly adopted and examined by this Court, and ① the Defendant, at the prosecution, was seated on the wall side with members of the Art Association, including E, in the third round.

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