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(영문) 인천지방법원 부천지원 2015.03.25 2014고단3283

무고

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 10, 2013, at the office of the Incheon District Court (Seoul District Court), the Defendant prepared a letter of complaint stating that “D forges an application for the loan of modern capital under the name of the Defendant on August 10, 2012, purchased Closts automobile by means of obtaining vehicle loans using the documents, and submitted it to the public service center of the Incheon Western Police Station on July 15, 2013.”

However, there was a fact that the defendant allowed D to purchase the vehicle in the name of the defendant with a clurr vehicle in the name of the defendant.

Nevertheless, the defendant filed a false accusation with the intent to have D receive criminal punishment.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Application of each of the Acts and subordinate statutes described in the petition and statement of prosecution (Evidence List Nos 4 and 7);

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Articles 157, 153, and 55 (1) 3 (Confession) of the Criminal Act, which are statutory mitigation;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] The mitigated area (one month to one year), [special mitigation] (decision of sentence] : The defendant has no record of being punished by a fine or a heavier punishment except for the previous convictions of this case; and the defendant has led to the second trial date of this case, which led to the confession of the crime of this case: The defendant denied the crime of this case at the investigation stage after the complaint of this case, as well as at the first trial date of this case; and the crime without accusation is a crime that seriously threatens the legal stability of the country, which infringes on the national legal interests and threatens to avoid the crime. In addition, it is necessary to strictly punish the defendant, taking into account the circumstances under Article 51 of the Criminal Act.