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(영문) 대구지방법원 포항지원 2020.05.13 2019고단916

무고

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Criminal facts

【Criminal Power】 On July 24, 2019, the Defendant was sentenced to a suspended sentence of two years in the period of imprisonment with labor for the crime of interference with business and damage to property at the Seoul Central District Court, and the said judgment became final and conclusive on November 15, 2019.

【Criminal Administration” on August 2017, the Defendant prepared a written complaint against B using a computer for the purpose of having B receive criminal punishment at a non-sworn place.

The statement of the complaint is that "B has forged a written withdrawal of complaint, written agreement, receipt, etc. under the name of A, and thus punished," and the facts are as follows: (a) the defendant prepared a direct withdrawal statement, written agreement, receipt, etc. with C around April 2014; and (b) there was no forgery of the above documents.

Nevertheless, on August 4, 2017, the Defendant submitted the above written complaint to the public prosecutor's office of the Daegu District Public Prosecutor's Office located in the jurisdiction of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the

Accordingly, the defendant was arrested for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Statements made by witnesses B in the seventh trial records;

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. The suspect interrogation protocol of the police as to B;

1. Partial statement of the police statement against the defendant;

1. The chief of a complaint (A), written withdrawal of a complaint, written agreement, and receipt;

1. Written complaint, written statement (A), written judgment, each written judgment, records of case, copies of case records, each submission of data, written petition, written civil judgment, etc.;

1. Each investigation report (to be accompanied by a written judgment), (Attachment to Judgment, etc.), (Attachment to Judgment, etc.), (Access to Opinion, etc.), (Access to Telephone Investigation), (Access to Telephone Communications), (Access to Appellant E-Attorney for Witnesses), (Access to Appellants), (Report on Examination of Related Records and Report on Related Records), and (Report on Confirmation of Status of Civil Procedure));

1. Judgment.