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(영문) 부산지방법원 2015.05.21 2014고단9580

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 February 12, 2014, the defendant prepared a false complaint with respect to C through a certified judicial scrivener whose name is inconsistent with the purpose of having C criminal punishment in the office of mutually incompetence in the Busan District Prosecutors' Office located in the Doodong-gu Busan District Prosecutors' Office.

The gist of the complaint was that "the complainant was only the defendant on October 16, 2013 for a contract for the sale and purchase of a motor vehicle owned by the complainant, and confirmed the motor vehicle registration certificate to the defendant on his/her own spot, and was left on the back of the motor vehicle, but the defendant was clearly deemed to have stolen the motor vehicle registration certificate since the contract was confirmed after the conclusion of the contract."

However, in fact, at the time of the conclusion of the above contract, the defendant was found to have delivered C the registration certificate directly to C at the request of C, and C did not have stolen it.

Nevertheless, on the same day, the Defendant submitted a written complaint to the public service center of the Busan Youngdo Police Station, which is located in 20 U.S., Busan Youngdong-dong 1, to an employee of the public service center where his name is unknown, and on March 11, 2014, at the investigation office of the above police station and office of the above police station, the Defendant made a supplementary statement to the effect that “C brought a low registration certificate without his consent, which would be punished for larceny” to D police officers belonging to the above police station.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and C;

1. The police statement of the defendant;

1. Application of Acts and subordinate statutes to the complaint, motor vehicle registration certificate and certificate of automobile transfer;

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] Type 1 (General Dismissal) and the basic area (6-2 years) (6-2 years) and the scope of comparison of recommended punishment: six months to two years (decision of sentence] as a result of the examination of evidence, the defendant C is false.