무고
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On December 2, 2011, the defendant prepared a false complaint with the aim of having C obtain criminal punishment from a false certified judicial scrivener office located in the Sinsan-si, Changwon-si.
The above complaint states that "the defendant C, without the consent of the complainant, has removed the fences which he owned and used for over 20 years by the complainant C, without the consent of the complainant C, and has damaged them by cutting trees."
However, the facts are as follows: (a) around November 14, 201, the Defendant, who is the operator of D Co., Ltd. at the place of business of the said D Co., Ltd. located in Haan-gun, Chungcheongnam-gun, and agreed to remove the said fence and cut off the said 7gs of trees; and (b) said C removed the said fence and cut off the said 7gs of trees without permission, and (c) said C did not damage it without permission.
Nevertheless, around January 4, 2012, the Defendant submitted the above written complaint to employees under his name at the Haan Police Station located in the Haan-dong, Haan-dong, Haan-dong, Haan-dong, Sinan-gun, and made a false statement to the effect that “The above C would be punished because it removed the fence owned by D Co., Ltd. without the consent of D Co., Ltd. and destroyed trees 7gs without the consent of D Co., Ltd.” at the above Haan Police Station investigation and office around January 10, 2012.
Summary of Evidence
Although the Defendant denies the criminal facts of this case, according to the evidence examined below, it is found guilty in all of the evidence.
1. Partial statement of the defendant;
1. Legal statement of witness F, G and H;
1. Partial statement of a witness I;
1. A protocol concerning the suspect examination of the accused;
1. Protocol concerning suspect interrogation of C;
1. Statement of the police statement concerning the defendant and G;
1. A complaint;
1. Chief superintendent;
1. With respect to the above facts constituting an offense subject to the Acts and subordinate statutes, punishment shall be determined by applying the following Acts and subordinate statutes:
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