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(영문) 춘천지방법원 속초지원 2016.10.26 2016고단288

무고

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 2015, the Defendant, at the end of Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government, drafted a false complaint against D with the purpose of having D receive criminal punishment.

On February 2, 2015, the complaint states that "A defendant's complaint filed an application for a payment order by deceiving the court as if the defendant's complaint actually existed, although the lease contract was made out by the defendant's request on July 29, 2008 concerning the Gangwon-gun E Forest in Yangyang-gun, which was made by the defendant between the defendant and the defendant and the defendant, was made in a false document," and that "The above lease contract was made for the purpose of guaranteeing the construction cost by changing the name of the owner of the building constructed by the defendant's own account to the name of the owner of the building constructed by the defendant, and it was made for the purpose of securing the construction cost."

Nevertheless, around March 25, 2015, the defendant submitted the above written complaint to the public prosecutor's office's office of the Seocho District Public Prosecutor's Office of Chuncheon located in 15, as the law of Seocho-si, 2015.

Accordingly, the defendant reported false facts to public offices and rejected D.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused and D (including the substitute part)

1. Each prosecutor's statement concerning the defendant and D;

1. Each written statement prepared by the defendant and D;

1. A complaint;

1. Copy of the judgment;

1. The application of Acts and subordinate statutes of each investigation report and each investigation report;

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

1. Reasons for sentencing under Articles 157, 153, and 55 (1) 6 of the Criminal Act to be mitigated legally;

1. Application of the sentencing guidelines (the scope of recommending punishment) Type 1, the area of mitigation (one month to one year), the area of mitigation (special mitigation) (the number of persons subject to special mitigation) and confession;

2. Determination of sentence;