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(영문) 전주지방법원 군산지원 2018.08.08 2018고단287
무고
Text

1. The punishment of the defendant shall be determined by six months;

2.Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On December 27, 2017, the Defendant prepared a false complaint against C with a view to having C receive criminal punishment at the public service center of the Gunsan Police Station, which is located in the Sinsan-si, Sinsan-si, 3.1 and 82.

The statement of the complaint is that "The defendant's novel received 80 Possium 80 Posium in 2016 and did not cause it to do so, so it is a thorough investigation of the defendant's novel and strict punishment."

However, there was no fact that the defendant applied to the competent authority for the fertilizer, and there was no fact that the above fertilizer was distributed to the defendant.

Nevertheless, the defendant submitted the above complaint to the police officer who cannot know his name on the same day and filed the complaint with C.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police against the defendant;

1. Written complaint and written complaint of the defendant;

1. Application of Acts and subordinate statutes to the investigation report (related to the confirmation of the date of distribution of sediative fertilizer), investigation report (related to sediative fertilizer photographs distributed in 2016), investigation report (related to land improvement support projects), application for sediative supply

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

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

1. The basic area (six months to two years) of the sentencing guidelines, the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines;

2. The crimes of non-determination of sentence are crimes which infringe on the criminal justice functions of the State and are committed with the risk of illegal punishment.

However, considering the fact that the crime of this case did not result in an actual criminal punishment, etc., the punishment as ordered shall be determined by taking into account the favorable circumstances, such as the defendant's age, sex, environment, etc.

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