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(영문) 대전지방법원 서산지원 2016.07.12 2016고단161
무고
Text

1. The punishment of the accused shall be one year;

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

Reasons

Punishment of the crime

On January 26, 2016, the Defendant prepared a false complaint against C using a printed letter of complaint and a test color pen in the public service center of the Daejeon East Police Station, which is located in 670, at around the Daejeon Seo-gu Daejeon, Daejeon, Daejeon, the Defendant prepared a false complaint against C.

The above accusation statement "A, the defendant of the defendant, was concealed in the main gate, without any reason, in the house of the defendant C (the defendant) at around 20:40 on January 11, 2016, and around 5-6, the head of the complainant (the defendant) was faced with the victim's head at around 5-6 times in the situation, thereby causing about 3 weeks of injury, such as a son's escape, etc., which requires the treatment of the complainant (the defendant). Thus, criminal punishment is intended because C, the defendant's head was satisfeed in the main gate of the complainant (the defendant) without any reason.

The purport is “......”

However, the facts showed that C was not injured by the defendant at the time of the above day, but was injured by the defendant's own.

Nevertheless, on February 4, 2016, the defendant submitted the above complaint to the police officer who is unable to know his name in the public service center of the Dong-gu Daejeon Police Station.

As a result, the defendant made a false accusation for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Each legal statement of witness C and E;

1. The complaint, diagnosis, and recording [the defendant denies the facts charged in the judgment that the contents of the complaint are true, but the facts charged can be sufficiently recognized according to the stated evidence, and thus the defendant's assertion is not accepted].

Application of Statutes

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 scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] No. 1 basic area (6 months to 2 years) (the person who is subject to special sentencing];

2. The offense of non-determination of sentence shall infringe on the criminal justice function of the State and is unfair; and

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