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(영문) 수원지방법원 2016.01.27 2015고단5365

무고

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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 May 2015, the Defendant prepared a false complaint against C at an infinite attorney office located in the city of Won-gu.

On October 5, 2012, the complaint filed a civil suit as follows: “A, who is the defendant C, has left with the complainant, prepares and forges a letter of delegation in the name of the complainant without the complainant’s permission, using the letter of seal impression and the certificate of seal impression; and filed a lawsuit to pay KRW 200 million to the court while exercising the delegation of delegation of delegation of delegation of delegation of delegation of delegation of authority and the certificate of fairness; thus, C has committed the fraud of lawsuit.” The contents or facts of “C prepared a fair certificate of KRW 200 million on credit for the goods under the agreement with the defendant, and filed a civil suit as it was not paid at all by the defendant for two years after the preparation of the above fair certificate.

Nevertheless, on May 20, 2015, the Defendant submitted the above complaint to the public service center of the original state police station located in Dobong-dong, Yongsan-si, Seoul, and on May 28, 2015, C voluntarily prepared a fair deed and filed a civil lawsuit, and accordingly, C stated the fact of damage to the effect that C punished.

As a result, the defendant made a false accusation for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols concerning the interrogation of suspects by each prosecutor with regard to C;

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the types of crimes] Type 1 (General Dismissal] (the scope of the recommended punishment] (the scope of the recommended punishment] basic area (six months to two years);

2. Whether to suspend the execution: A judgment shall be rendered as ordered on the grounds that the person has no previous conviction exceeding a fine (the grounds for general consideration).