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(영문) 광주지방법원 순천지원 2019.05.22 2019고단434
무고
Text

A defendant shall be punished by imprisonment for four months.

However, 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

Around December 28, 2018, the Defendant drafted a written complaint with respect to a public official belonging to the Goong-gun Police Station located in Goong-gun, Goong-gun 42, Goong-gun.

The contents or facts of the complaint that "the public official in charge of C management of the Agency C belonging to the Agency C has voluntarily prepared a daily work contract without the consent of the defendant, and has sold the defendant's seal to his name and affixed the defendant's seal to the name." There was no forgery of the above contract by the public official in charge of C management of the Agency C.

Nevertheless, the defendant, upon receiving the notice of termination of a temporary work contract from the Gosong-gun, was brought up a civil suit demanding the removal of the building he had been under management and the evacuation of the building. In this civil suit, the defendant asserted that there is no fact that he/she entered into a temporary work contract in this civil suit, and submitted the above complaint to a public official whose name cannot be known at the public service center of the Gosong-gun Police Station around December 28, 20

Accordingly, the defendant reported false facts to public offices for the purpose of having the public officials belonging to the Goung-gun Office receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Complaints, police officers, and prosecutor's protocol of statement of the accused;

1. A temporary work contract;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to details of receipt of personnel expenses for a complainant);

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

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

1. In light of the fact that the criminal facts that became the object of sentencing under Article 62-2 of the Social Service Order Criminal Act are unclear, and the defendant's filing of a complaint was for the purpose of obtaining a favorable judgment in the relevant civil procedure, it is unfavorable to the point that the crime is not good, or it is against the defendant's recognition of the crime.

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