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(영문) 서울북부지방법원 2012.08.10 2012고단37

무고

Text

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

Reasons

Punishment of the crime

On October 17, 2011, the Defendant: (a) at the public service center of the Gangnam-gu Seoul Northern Police Station, Gangnam-gu, Seoul, the Defendant: (b) written by C, each letter [the additional expenses and civil petitions to the Gu office during the construction period are entirely responsible and complete; (c) the contractor shall sign all the responsibility when the damage was incurred due to the delay in construction during the construction period; (d) the Defendant confirmed the details of all the civil petitions during the construction period, and entered the name and signature on the horse directly, the Defendant submitted to C a written complaint to the Seoul Northern District Court civil petition of the Seoul Northern District Court on the same day, and submitted it to C without delay by submitting the written complaint to the public service center of the Seoul Northern Police Station to the public service office on the same purport as on November 25, 2011.

Summary of Evidence

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

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Each police suspect interrogation protocol with respect to C (including the part concerning the statement of the E);

1. A written appraisal;

1. Entry in a complaint and the application of the existing Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and the Selection of Punishments. Article 156 (Selection of Imprisonment or Imprisonment)

1. According to each of the evidence stated in the summary of the above evidence, the defendant, who did not forge C’s each of the above evidence, can sufficiently recognize the facts constituting the crime that C was innocent by filing a complaint against the charge that C was forged.

Nevertheless, the Defendant brought an action for a change of the contents that could not be easily understood, and there was no good condition after committing the crime, such as disputing the criminal facts of this case, and due to the instant case, C was under investigation by an investigative agency, resulting in the risk of punishment, such as receiving an investigation.

Therefore, the defendant is sentenced to punishment.

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