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(영문) 수원지방법원 2015.09.10 2015고단3378
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 April 9, 2015, around 19:30 on April 19, 2015, the Defendant: (a) at the remodeling construction site for “Cju shop” located in Suwon-si B, Suwon-si; (b) caused damage due to the failure of D to properly perform electrical construction; and (c) the Defendant, despite having been urged to dispose of approximately 10 km of the waste cable generated during the said construction work to D, the Defendant reported that he stolen the waste cable to the Gyeonggi-gu Police Station in the Gyeonggi-gu, Suwon-gu, Seoul-si, and stated it to the victim.

Accordingly, the defendant reported false facts to public offices or public officials for the purpose of having a criminal or disciplinary punishment imposed on the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. The police statement of the defendant;

1. Application of the Acts and subordinate statutes on the investigation report;

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 (Confession) of the Criminal Act, which are statutory mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Act [the scope of recommending punishment] The mitigated area (one month to one year) (one year), the confession [the decision of sentence] recognized a confession [the decision of sentence], the fact that there is no criminal record of the same kind, etc., the execution of imprisonment shall be suspended, but the community service business for 240 hours shall be ordered.

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