beta
(영문) 의정부지방법원 고양지원 2016.08.11 2015고단2517

무고

Text

A defendant shall be punished by imprisonment for not more than ten 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 June 22, 2015, the Defendant submitted a complaint to the effect that “C, without its authority, prepares a contract for the transfer of shares on July 21, 2014 in the name of the Defendant D, which was the Defendant’s child, and, as it was shipped to the court as evidence, would be punished as a crime of forging or accompanying private documents.”

However, the defendant agreed to acquire shares of C and E in the name of D, and had D prepare the transfer contract of the above shares.

In this respect, 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. A protocol concerning suspect interrogation of C by the prosecution;

1. Application of Acts and subordinate statutes to a complaint and a contract;

1. Relevant Article of the Criminal Act and Article 156 of the Criminal Act concerning the crime. Article 156 (Selection of Punishment of Imprisonment);

1. Sentencing prescribed in Article 62(1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Application of the sentencing criteria [decision of type]less offense, general accusation (type 1] (the person who is subject to special sentencing] (the decision of recommended punishment] basic area, six months of imprisonment and two years of imprisonment.

3. Two years of suspended sentence for ten months of imprisonment with prison labor for the decision of sentence (two years of suspended sentence for a person without prison labor, but after the final disposition for the person without prison labor is made by the defendant later and later in this court; the background and result of the instant accusation; in particular, the fact that the person without prison labor won in the civil procedure, which was the foundation of the instant accusation, and that the defendant has no other criminal history than the fine two times prior to the 30-year period; and other consideration, such as the defendant's age, sexual behavior, etc.);