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(영문) 서울중앙지방법원 2015.06.26 2015고단2451

무고

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 2, 2015, the defendant prepared a complaint against C through a certified judicial scrivener office in Seocho-gu Seoul, through a certified judicial scrivener office.

On November 22, 2014, the complaint filed by the defendant C, "A, the defendant, lost the winning lottery of the first class (500 million won of a prize) of the complainant at the "E" store located in Gangnam-gu Seoul Metropolitan Government D around November 2, 2014, and there was no fact that C, in fact, has deducted the rehabilitation of the defendant.

Nevertheless, around March 2, 2015, the defendant submitted the above written complaint to the prosecutor's office public officials whose name is not known at the Seoul Central Public Prosecutor's Office in Seocho-gu Seoul Central Public Prosecutor's Office, Seocho-gu, Seoul.

As a result, the defendant was arrested for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A protocol of examination of part of the prosecution concerning C;

1. The police statement of the defendant;

1. A complaint;

1. Application of Acts and subordinate statutes to each investigation report (Evidence records, 54 pages, 114 pages);

1. Relevant Article 156 of the Criminal Act and Article 156 of the Criminal Act concerning criminal facts;

1. Articles 157, 153 and 55 (1) 3 of the Criminal Act for mitigation of confessions;

1. The reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment] Article 62(1) of the Act on the Suspension of Execution [the grounds for sentencing [the grounds for sentencing] Article 62(1) of the Act on the Suspension of Execution [the grounds for sentencing] Article 62(1) of the Act on the Suspension of Execution (the grounds for sentencing from one month to one year] [the person who has a special mitigation] self-denunciation and confession