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(영문) 대구지방법원 김천지원 2015.03.05 2014고단1475
무고
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 13, 2014, the Defendant: (a) prepared a false complaint with respect to B, the husband of the Defendant, at the public service center of the Si/Gu, Dong-dong, Dong-dong, Dong-dong, 11-4, and (b) stated that “Around May 18, 2011, the Defendant: (c) at the criminal office of the police station and the office of the Gu-Si, the Defendant, as stated in the above written complaint to the effect that “B, the Defendant, at the E restaurant located in Gu-si, Gu-si, Dong-si, Dong-dong, Dong-dong, 11-4, had inflicted bodily injury, such as cage at the time of filing the complaint; and (d) on August 6, 2014, the Defendant, upon filing the complaint at the front of the office of the Defendant, distributed the left-hand checks, etc. requiring two weeks medical treatment.”

However, there was no fact that the defendant B did not assault or injure the defendant at each of the above dates and places.

Accordingly, the defendant was arrested for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutors' office and police suspect interrogation protocol concerning B;

1. Each written statement of witness G, the defendant and the victim H and the victim I;

1. Application of the law to the defendant's accusation and the statement of the defendant

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 Act on the Suspension of Execution (Article 62(1) of the Criminal Act (the crime of this case was committed by the defendant, if the failure was caused by the defendant's causes attributable to the defendant, and considering the fact that the victim was living together for 30 years to resolve the marital relationship with the victim and having his/her children under the chain, and that the crime is extremely bad, but the victim and his/her children are in the front place of the defendant, and that his/her mistake is shared while the defendant led to his/her confession);

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