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(영문) 춘천지방법원 원주지원 2017.07.06 2017고단365
무고
Text

A defendant shall be punished by imprisonment for not less than eight months.

The execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 5, 2016, the Defendant, at the office of “D” in the Defendant’s operation, which was located in “D” for the purpose of having the E and F take criminal punishment, prepared a false statement of the purport that “E and F submitted to the court as if they were genuine, and used the certificate of fairness on March 5, 2013 on the claim already extinguished due to repayment, thereby inducing the court to commit the crime of fraud in which the Defendant was subject to seizure and collection decision on the securities account by deceiving the court.” On September 30, 2016, the Defendant submitted a false statement to the “D” branch office of the Chuncheon District Public Prosecutor’s Office located in “Sacheon District Public Prosecutor’s Office,” which was located in “139, viewing from 139,000,” and submitted it by mail.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of suspects of the F and E by each prosecution;

1. A final and conclusive judgment on a complaint, each process deed, a summary of 2015 Ghana 8406, a final and conclusive judgment on an objection filed against a claim, a group of 2015 Ghana 8899;

1. Details of transactions in passbooks, details of transfer by E, and details of trading in the name of F;

1. The application of Acts and subordinate statutes to the investigation report (timely 29);

1. Article 156 of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to be mitigated by law;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] The mitigated area (one month or one year from January to one year) [the person who has been specially mitigated] the self-denunciation and confession [the decision of sentence] the crime of false accusation not only interferes with the proper exercise of the State's judicial power or disciplinary power, but also, it is necessary for the individual who has not been subject to unfair criminal punishment or disciplinary action to severely punish the crime due to the poor nature of the crime.

In particular, each of the crimes of this case is in the civil procedure in which the defendant was under way between the persons who were in danger.

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