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(영문) 광주지방법원 목포지원 2016.07.19 2015고단1477

무고

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 1, 2014, the Defendant was a de facto spouse at the Defendant’s house located in C Apartment No. 303 Dong 106, Dong 106, and was a de facto spouse.

D prepares a false complaint on D using a computer for the purpose of having a criminal punishment imposed upon D.

Around November 5, 2012, at the F judicial scrivener office located in Sinpo City E, Defendant D had, without permission of the complainant, affix his/her name in the letter of confirmation of the application for registration to the name of the defendant in order to register the transfer of ownership under the name of the complainant, the building Nos. 2 and 3 under the F judicial scrivener office located in Sinpo City E, the complainant attached his/her name without permission of the complainant, and in fact, D affixed his/her seal on the unmanned column of the written confirmation of the application for registration as if the complainant was the person who filed the complaint. In addition, D did not forge the Defendant’s unmanned as above. The above letter of confirmation affixed his/her seal on his/her own by the Defendant.

Nevertheless, on October 2, 2014, the Defendant submitted the above complaint through registered mail to the public service center of the wooden Police Station, which is located in the Mana-dong, Mapo-dong on the same day. On November 19, 2014, the Defendant appeared at the above police station and made a supplementary statement to the police officer G to the same effect as the above complaint, and rejected D.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Statement made by the witness D and H in the second public trial record;

1. Application of Acts and subordinate statutes to all the documents for filing an application for registration of transfer of ownership, such as a written complaint, fingerprint comparison, document verifying the preparation of the victim, and all the documents;

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

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62-2 of the Criminal Code of the Social Service Order

1. The alleged defendant did not directly affix his/her seal on the document confirming the application for registration as stated in the facts constituting the crime (hereinafter referred to as the "written confirmation of this case") but he/she was a de facto spouse of the defendant at the time;

D The defendant was divingd or under the influence of alcohol.