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(영문) 창원지방법원 통영지원 2016.11.02 2016고단1276

무고

Text

A defendant shall be punished by imprisonment for not less than eight 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 October 21, 2015, the Defendant prepared a false complaint with respect to D, etc. using a computer in his/her own residence in Tong Young C.

On February 25, 2015, in order to obtain money of KRW 10,00,00,000 for electrical construction for E-Sa or remodelling works ordered by the complainant in collusion with the complainant, the client at will shall enter the personal information of the complainant and affix a seal similar to the seal of the complainant, and forge the confirmation document of construction cost (paid) and make it available to the Daegu District Court for the sole use, and the fact was that the defendant entered his personal information in the order column of the confirmation document of construction cost (paid) and signed and sealed by him.

Nevertheless, around October 22, 2015, the Defendant submitted the above written complaint to the public service center of the Tong Young Police Station, which is located in the 3-ro 53 Blue-si, Mayoung-si, and the nameless police officer.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A petition for complaint, petition for appeal, second investigation order, revocation of complaint, and written appraisal;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to mitigate confessions;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines of the Supreme Court [the scope of the recommended punishment] types 1 (general dismissal] (1-1 year) and the mitigation area (1-1 year), self-denunciation and confession;

2. Determination of sentence - favorable circumstances: the fact that the defendant deposited all the construction cost related to civil procedure, which was the foundation of this case, the fact that the defendant's branch wishes to have his wife against the defendant, and that the defendant himself.