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(영문) 부산지방법원 2013.05.02 2012고단7686

무고

Text

A defendant shall be punished by imprisonment for not more than ten 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 March 12, 2012, the Defendant prepared a false complaint against C with the intention of having C receive criminal punishment at the public service center of the Busan Urban Planning Station, which is located in Busan Urban Planning Station 9, 243-11, with the intention of having C receive criminal punishment.

A written complaint was that "A, the accused, for the purpose of exercising his or her right at an indefinite time and place, occupied A, a criminal suspect, by a two-year contract period, the front corridor of the 241 store located in Busan B, and the 242 store contract period is one year. Thus, A's confirmation letter of A's name, which includes a promise to order B to occupy the middle of the corridor at the boundary of both parties after a year, was forged, and around January 12, 2012, submitted a forged confirmation document to the Busan National Police Station investigation and the same at the Busan National Police Station investigation."

However, the above certificate was written by the defendant on June 20, 1994, and it was not forged by C.

Nevertheless, on the same day, the defendant submitted the above complaint to the police officer who is unable to know his name in the public service center of the Busan Urban Police Station.

Summary of Evidence

1. Legal statement of witness E;

1. Statement made by C by a witness in the third protocol of trial;

1. Each protocol of examination of the suspect against the accused by the prosecution (including the cross-examination);

1. A written appraisal;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act, such as denying a criminal act by the defendant, is not good. However, considering the fact that the defendant has no record of punishment for the same kind of crime, the victim has not been actually subject to criminal punishment, the details of the occurrence of the instant crime, the age, character and conduct of the defendant, and all other normal materials revealed in the course of pleading, the sentence shall be determined as ordered.