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(영문) 수원지방법원 2016.03.16 2015고단5252

무고

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 9, 2015, the Defendant submitted a written petition to the public service center of the Suwon-si District Public Prosecutor's Office located in 120 on the Suwon-si World Cup to the effect that "an illegal document was issued to the deceased person" to the staff in charge, and on October 16, 2012, the Defendant was investigated as the deceased person at the public prosecutor's office of the public prosecutor's office of the Suwon-si District Public Prosecutor's Office No. 413 of the same month of the same month, and stated that "Around October 16, 2012, the employee in charge of the public service of the Gu Suwon-si District Public Prosecutor's Family Office prepared a false public document by falsely indicating that he was deceased of a female who did not die in the suspect's family relation certificate

However, on April 5, 2012, the defendant submitted a death diagnosis to C issued by the D Hospital to the Suwon-si Office of Suwon-si on April 5, 2012, and C died.

The report was directly reported.

Nevertheless, the defendant presented a false statement and made a statement to the effect that he would be punished for the purpose of having the staff in charge of the family register of the Gu office in the Suwon-si Office subject to criminal punishment, and then dismissed the above staff in charge.

Summary of Evidence

1. Partial statement of the defendant;

1. Investigation reports (Attachment to C and E family relation certificates and basic certificates), investigation reports (Attachment to C death reports);

1. Application of Acts and subordinate statutes, such as a petition (1) and a statement protocol (2) No. 1;

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

1. The reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] / [Determination of sentence] / The sentence shall be rendered as ordered in consideration of the following factors: (a) the background and contents of the Defendant’s crime; (b) the degree of undermining the criminal justice function; (c) the circumstances before and after the commission of the crime; (d) the Defendant’s attitude of reflectivity; and (e) the relationship before and after the commission of the crime (in addition, there was the history of being punished as a crime of defamation; and (e) the history of being punished as a crime of defamation); and (e) other various other factors of sentencing as indicated in the records