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Reasons
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(영문) 대구지방법원 2019.10.02 2019고단3762
무고
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A defendant shall be punished by imprisonment for six months.

except that 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

On May 7, 2019, the Defendant submitted a written complaint to the effect that “Around 05:14, May 6, 2019, 2019, at the Gyeongsan Police Station located in the Gyeongsan-si, Kim Jong-si, Kim Jong-si, Kim Jong-si, Kim Jong-si, Kim Jong-si, requested C to have a satisfyed Defendant’s satisfy at the Defendant’s parking lot located in the Sinsan-si, Busan-si, and forced C to go to commit an indecent act.” On the same day, the Defendant rejected the Defendant’s statement to the effect that “A was forced to go to go to his residence for about five seconds due to the same circumstances as the above, after transmitting the CCTV to the police officer in charge of CCTV-related image in the e-mail at around 20:50 on the same day, at around 20:50 on the same day.”

“...........”

However, there was no fact that the Defendant had been forced by C, such as the above statement, and there was no fact that the Defendant did not refuse to fully comply with C, such as smuggling.

Accordingly, the Defendant reported false facts to public offices for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Protocol concerning suspect interrogation of C;

1. A complaint;

1. Each investigation report (the sequence 13 in list of evidence);

1. Application of CCTV-related Acts and subordinate statutes;

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Articles 157, 153 and 55 (1) 3 of the Criminal Act for mitigation of confessions;

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

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [decision of types] and the general accusation [type 1] and mitigation elements (special sentencing person]: Voluntary confession [the scope of recommending area and recommendation range] mitigated area, imprisonment with labor for one month through one year;

3. Determination of sentence: The following circumstances and the age, character and conduct, environment and crime of the defendant:

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