(영문) 서울북부지방법원 2015.03.12 2014고단3649

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(영문) 서울북부지방법원 2015.03.12 2014고단3649

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 this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 22, 2013, the Defendant prepared a false statement of complaint against D through employees for the purpose of having D receive criminal punishment from the phrases points in Seoul Gwangjin-gu Seoul Special Metropolitan City.

The written complaint states that "the defendant defendant D forged a custody certificate under the name of the defendant on November 30, 201, and punished D as if the defendant embezzled the fluority entrusted for sale to the defendant." The defendant was entrusted by D on June 30, 201 to sell fluority and prepared a custody certificate around November 30, 201. The defendant was requested from D to return fluority from around May 201 to around that time, but was refused to return the fluority without justifiable grounds.

After that, the defendant submitted a written complaint to the public service center of the Gwangjin Police Station in the same Dong and filed the complaint D.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Examination of suspect suspect regarding D by the prosecution;

1. A complaint (Evidence Nos. 1);

1. Recording tapes;

1. Application of the relevant Acts and subordinate statutes not prosecuted and written opinions;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the act of obstructing the proper execution of the crime by unfairly using the State’s penal authority for private interest and thus obstructing the proper execution of the crime is grave. Nevertheless, the defendant denies the crime up to this court and does not seem to be light of reflective nature. However, the defendant's complaint does not lead to criminal punishment against the defendant, the defendant's return to the victim late after the commission of the crime which was the cause of the initial dispute, the defendant did not have any particular criminal record other than a fine, and the sentencing factors such as the circumstance of the crime in this case and the circumstances after the crime shall be determined like the order.

It is so decided as per Disposition for the above reasons.

참조조문

-형법 제62조 제1항

-형법 제156조

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