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(영문) 대구지방법원 김천지원 2018.09.20 2017고단1953

무고

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 21, 2016, the Defendant lodged a complaint with B and three other private documents with the former police station located in the Gu, Si, Si, Dong, 11-4, Dong, Dong, Dongwon, and forged the private document by forging B’s signature at the meeting minutes of the resident representative meeting prepared on November 21, 2014, and submitted a complaint to the effect that “The Defendant forged B’s signature at the meeting minutes of the resident representative meeting prepared on December 22, 2014,” and submitted a falsified statement to the police officer under investigation into the Gu, Si, Si, Gu, Dong, Dong, Dong, Dong, 11-4 on December 9, 2017, and submitted a falsified statement to the effect that “The document was forged by means of forging B’s signature at the meeting minutes of the resident representative meeting prepared on May 22, 2014,” to the police officer under investigation on the instant case by submitting the falsified statement to the effect that the document was forged by the resident’s signature at the meeting minutes prepared on August 25, 25, 2014.

However, in fact, on November 21, 2014, C attended the meeting of occupants on November 21, 2014, and confirmed the following contents of the minutes and signed them by the writing body directly. ② From March 20, 2014 to September 2, 2014, the Defendant also confirmed the contents of the minutes prepared after the four occupants representative meetings were present in the capacity of audit and confirmed the contents of the minutes prepared in the capacity of audit, and signed by B as a writing body directly on the name of the Defendant. As such, B did not arbitrarily write C or the Defendant’s signature in the minutes and signed it.

Accordingly, the defendant reported false facts for the purpose of criminal punishment B.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness B, witness E, witness F, and witness C;

1. Statement made by each prosecutor with respect to B, E, and F;

1. Copy of the police statement made to C;

1. A copy of seizure records and a copy of seized documents;

1. The additional complaint, the second police statement protocol against the defendant, the investigation report (related to the Article Article 2 of the Private Document), the request for document appraisal, and the application of Acts and subordinate statutes as a result of appraisal;

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

1. The Criminal Act, the suspension of execution;