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(영문) 춘천지방법원 원주지원 2013.08.27 2013고단410

무고

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 29, 2012, the Defendant prepared a false complaint with respect to C at the public service center of the original police station located in Dobong-dong, Yongsan-gu, Seoul.

On April 7, 2011, the defendant defendant C forged his signature for the purpose of exercising the signature of the defendant in the name of the defendant in relation to the retirement pay of the defendant at the office E, a corporation located in Suwon-gu, Daegu, as well as the agreement under the name of the defendant in relation to the retirement allowance of the defendant, and the additional agreement. On September 20, 201, in the case of an application for unfair dismissal of the defendant in the name of the defendant in the name of the defendant in relation to the retirement allowance of the defendant, and around September 20, 2011, the defendant submitted a forged agreement and an additional agreement to the Gangwon Regional Labor Relations Commission, which is located in Chuncheon-si,

However, on April 7, 2011, the Defendant signed the above E Office after stating the name directly in the above E Office’s agreement and the additional agreement. Therefore, C did not have forged the signature under the name of the Defendant.

Nevertheless, on August 29, 2012, the defendant submitted the above complaint to the police officer who is unable to know his name in the public service center of the above main police station.

As a result, the defendant was arrested for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol regarding C;

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

1. Article 156 of the Criminal Act applicable to the crimes and Article 156 of the Election of Imprisonment;

1. Statutory mitigation of provisions of Articles 157, 153, and 55 (1) 3 (Confession);

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the accused repents his mistake and the accused does not have any particular criminal record, in addition to the punishment by a fine once);