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(영문) 대전지방법원 천안지원 2013.06.13 2013고단315
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 becomes final and conclusive.

Reasons

Punishment of the crime

Around August 24, 2012, the Defendant: (a) prepared a written complaint to the public service center of the Sinsan Police Station in the Sinsan-dong, Asan-si; (b) using the forms of the accusation, stating that “the unsatisf of the name of the Defendant who was unaware of the name of the Defendant (A); and (c) caused damage by opening and using C mobile phone by stealing the name of the Defendant; and (d) submitted it to the employee in charge of receipt of the name unsatisfy; (b) attended the investigation of the above police station and the economic team at the office of the Sinsan-dong; and (c) on October 24, 2012, the Defendant submitted the written complaint to the public service center of the Daejeon District Public service Office in the Seocheon-dong, Seocheon-si, Daejeon-si, Seoul-si, to the effect that “In addition to the above purport, the Defendant’s first complaint is investigated as a result of lack of the name of the Defendant; and (d) submitted the written complaint.”

However, on March 16, 2012, the Defendant received the phone from Counseling Institute E to verify the Defendant himself/herself and selected a direct fare system, and responded to “whether or not opening a mobile phone in return for money” on the water page of “I do not.” As such, the Defendant did not open a mobile phone by stealing the Defendant’s name in the name of the Defendant, regardless of the knowledge of D, etc.

As a result, the Defendant made a false statement(D) for the purpose of having a criminal punishment imposed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of the defendant;

1. A complaint;

1. Notification of the result of voice appraisal;

1. Application of Acts and subordinate statutes to a criminal investigation report (C Opening Circumstances);

1. Article 156 of the Criminal Act applicable to the crimes and Article 156 of the Election of Imprisonment;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to be legally mitigated;

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. Article 62-2 (1) of the Criminal Act, and probation of community service order;

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