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(영문) 의정부지방법원 2018.06.22 2018고단1329
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 becomes final and conclusive.

Reasons

Punishment of the crime

On December 7, 2017, the Defendant made a written complaint against B with the aim of having B be subject to criminal punishment when he/she was accused of an injury from B.

The written complaint was that "B was punished for two weeks because B sustained two weeks' injury to the complainant while the complainant was in dispute with the complainant on December 2, 2017 due to land problem and the appraisal was satisfed, and B was satched, and satched and satched."

However, facts do not cause injury to the defendant, and instead, the defendant unilaterally assaults B and inflicted an injury that requires approximately three weeks of medical treatment on B.

Nevertheless, the defendant submitted the above complaint to the Dongducheon Police Station in the same day, Dongducheon-ro 89.

Accordingly, the defendant reported false facts to public offices and made a false accusation.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the examination of suspect B by the prosecution;

1. Application of Acts and subordinate statutes to C of the police statement protocol

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

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act mitigated by law;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Application of the sentencing criteria [type determination]less crimes, general accusation (type 1): Reduction factors: Voluntary surrender and confession [Scope of recommended punishment] from one month to one year (a mitigated area).

3. Determinationless sentence of a criminal sentence shall be selected in consideration of the fact that the criminal justice function of the State is actively infringed, and that there is a need to strictly punish a person who is in danger of unfair criminal punishment, and that there is a large number of criminal records against the defendant.

However, the fact that the defendant has been led, that there is no criminal record exceeding the fine, and other reasons.

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