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(영문) 부산지방법원 2014.10.23 2014고단4205
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

On March 25, 2014, the defendant prepared and submitted a false complaint against D at the Busan Jin Police Station civil petition office.

The complaint was that "The defendant defendant D, on March 5, 2014, 10:30 Busan, had been punished because the complainant was satisfying the defendant who satisfe the defendant's wife who satisfe the defendant's satfebage before Sat market operated by the complainant in Satdo, Busan, about 10:30 on March 5, 2014."

However, the facts are that D was assaulted by the defendant on the ground that D had expressed a desire during a dispute with the defendant's wife, but did not inflict an injury on the defendant by breathing fals of the defendant.

Nevertheless, the defendant submitted the above complaint to the above person in the public service center for the purpose of having criminal punishment imposed upon him.

Summary of Evidence

1. Partial statement (including D's statement) of the suspect examination protocol of the accused by the prosecution;

1. Each protocol and copy of the police suspect examination of the accused or D;

1. The police statement of the defendant;

1. A written statement;

1. A complaint;

1. A medical certificate of injury;

1. Answer of the results of request for information disclosure;

1. Application of Acts and subordinate statutes to investigative reports (Attachment, etc. of Statements by Garmans);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (All circumstances, such as that the defendant has no record of being punished for the same crime);

1. It shall be so decided as per Disposition for the reasons under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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