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(영문) 수원지방법원 성남지원 2015.09.23 2015고단1600

무고

Text

A defendant shall be punished by imprisonment for six 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 December 18, 2014, the Defendant prepared a false complaint with respect to B, etc. on behalf of a child-friendly C, on behalf of the public service center of the branch police station located in the area of the branch police station located in 165, and of having B, etc. receive criminal punishment.

On October 1, 2014, the complaint filed by the defendant Eul et al. without the consent of the defendant and C, and on October 1, 2014, at the defendant's domicile of 105 Do 103 Do 103, Seongbuk-gu, Seongbuk-gu, Seoul, Seoul, and the defendant sold C's name 2 Dong 117 dong 2 and 117, and the defendant, the tenant Eul, the tenant, sold the pre-existing lease contract. In collusion with the defendant, the contents that the use and the goodwill, which was a special contract that had not been entered in the pre-existing, should be recognized for five years, should be punished for forgery of the lease contract with the additionally stated lease contract, and the fact that there was a difference between the defendant and the defendant, as well as the defendant, sold the building without the expiration of the lease term of the defendant's plaintiff, which was known for a long time, was prepared by adding a special agreement under mutual agreement for the benefit of the defendant's plaintiff.

Nevertheless, the defendant submitted a false complaint at the same time and place as above and rejected B, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application (Scope of Recommendation) of the sentencing criteria: Type 1 (General Dismissal) and basic area (six months to two years) (special person) of the sentencing criteria;

2. Determination of sentence: Imprisonment with prison labor for six months and suspended sentence for one year is a crime causing waste of the criminal justice procedure and disrupting the exercise of the State's penal authority, and thus requires strict punishment. However, even if the defendant is a fine, the defendant is a fine.