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(영문) 부산지방법원 2014.02.28 2012고단6480

무고

Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant was present and testified as a witness in the lawsuit to remove the building located in the dong-dong-si(Ulsan District Court 201Na139) that the defendant raised against E, but was accused of perjury, and the defendant was saccined for perjury.

On October 19, 2011, the defendant prepared a letter of complaint against D in the name of the chief prosecutor of the Busan District Prosecutors' Office, with the aim of having D receive criminal punishment, at a place where the location is unknown.

The statement of the complaint is that "D has forged a certificate of money borrowed on August 9, 2004, which was not prepared by the defendant for the benefit of the device in the above lawsuit and sold it to the above court, and thus punished D as a crime of forging a private document or uttering of a private document," and that fact is that "The certificate of money borrowed on August 9, 2004, which was written by the defendant directly by the defendant."

Nevertheless, around October 19, 2011, the defendant submitted the above written complaint to a public prosecutor's office in Busan District Public Prosecutor's Office and submitted it to the employee who is unable to know his name.

Summary of Evidence

1. Each legal statement of witness D and F;

1. Statement made by witnesses D in the third protocol of the trial;

1. Fourth prosecutor's protocol of interrogation of D;

1. A written appraisal of the preparation of appraiser G;

1. A complaint, a document of borrowing money, a copy of a pocket book, a photograph, a fingerprints appraisal reply, a written appraisal report, a written appraisal report, each appraisal report, and a fingerprint appraisal report;

1. Application of Acts and subordinate statutes to each investigation report (such as a document for borrowing money, a copy of a pocket book, a fingerprint reply with fingerprints identification, a fingerprint identification of a document for borrowing money, 2 as a result of fingerprint identification of a document for borrowing money, and a telephone statement case);

1. Article 156 of the Criminal Act and the choice of punishment for the crime, Article 156 of the Criminal Act and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) shall take into account all the circumstances, including the fact that there is no criminal record of the same kind and the suspension of execution, and that it is difficult to readily conclude that the defendant bears all the obligations based on

1. Social service order under Article 62-2 of the Criminal Act;

1. Bearing the costs of lawsuit;