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(영문) 청주지방법원 영동지원 2017.03.30 2016고단74
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 January 6, 2016, the Defendant prepared a false statement of complaint about C in the public service center of the Young-dong branch office located in the 77-ro, Young-dong, Young-dong, Young-gu, Chungcheongnam-gu, Dong-dong, and submitted it to the employees of the civil service office by using the color pen.

The written complaint was the content that “A, the husband of the president, was punished, because C, who was the husband of the president, sustained the bodily injury in the Esing room located in Chungcheongnam-dong, Chungcheongnam-dong from February 1, 2015 to 17:00.”

After that, on January 19, 2016, the Defendant suffered from the injury that is damaged by putting the bottom of the right side of the Defendant into the right side in the course of putting off the door door from the instant singing room from February 1, 2015 to February 16 to 17:00, the investigation of the Chungcheong-dong Police Station and from the F Team office located in the Young-dong, Young-dong, Young-gu, Chungcheongnam-do, Young-gu, Chungcheongnam-do, and the Defendant at the F Team office.

“A statement made” with the content that “.”

However, at the above time and place, C only showed that it was produced out of the singing singing and singing, and there was no injury on the part of the Defendant.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and C;

1. A president of a complaint, or a written application for coal (a list No. 4);

1. Application of Acts and subordinate statutes governing the place of 119 emergency medical services activities;

1. Article 156 of the Criminal Act and the choice of punishment for the crime;

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. Determination as to the assertion of the defendant and his/her defense counsel under Article 62-2 of the Criminal Act, the observation of protection and community service order

1. Although the gist of the assertion was the fact that the Defendant reported and made the relevant statement as stated in the facts charged in this case, it is not true that C actually made a false statement since C had an injury at the Defendant’s price.

Even if the facts were false, the defendant did not recognize his falsity, and thus his intention to commit a crime.

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