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(영문) 의정부지방법원 2013.06.13 2012고단2659

무고

Text

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 became final and conclusive.

Reasons

Punishment of the crime

As to the case under investigation at the Gyeonggi-do Police Station after the Defendant filed a complaint with C and D on the charge of fraud, the Defendant had C and D prepare a letter of withdrawal of complaint against C and D in the name of the Defendant and attached the seal of the Defendant to C and submitted the letter of withdrawal of the complaint to the Namyang Police Station, despite the fact that, on February 9, 2012, the Defendant had received money from C and D without receiving money from C and D, and had C and D prepare a letter of withdrawal of complaint against C and D in the name of the Defendant, and then had C submit the letter of withdrawal of complaint to C and D to the Namyang Police Station. However, the Defendant received from the police officer in charge of the Namyangan Police Station, “I sent the case to the Government Prosecutors’ Office without suspicion against the Defendant of the above accusation case.” The Defendant stated that the above letter of withdrawal of complaint was forged, and had C and D submit the above false statement to C and D to C and the above prosecutor’s office with intent to punish the Defendant under the name of C and C, 34.

Summary of Evidence

1. Each legal statement of C, D, G, and H;

1. Examination protocol of the accused by prosecution;

1. Each fact-finding certificate by I and J;

1. A copy of each fact-finding certificate, a copy of the withdrawal of a complaint, a copy of the case sent, a letter of withdrawal of a complaint, a copy of a resident registration certificate, and a copy of a written statement by the prosecution;

1. Notification of the results of appraisal of each document and report on investigation (report on the results of appraisal);

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

1. Since the pertinent Article of the Criminal Act concerning the facts constituting an offense is a non-appeal against Article 156 C and D of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. As to the assertion of the defendant and his defense counsel under Article 62(1) of the Criminal Act (a favorable circumstance among the reasons for sentencing below).