logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.12.11 2014고단7340
무고
Text

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

except that 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 February 4, 2014, the defendant submitted a false complaint about C, D, etc. at the Busan District Prosecutors' Office located in the Busan District Office, and on March 3, 2014, written the statement to the same effect at the 718 Office located in the Busan District Office.

The contents of the complaint and the statement are as follows: (a) around August 9, 2013, the defendant defendant C and D conspired to sell and purchase the 215-dong 1402-dong 21402-dong 215-dong 2, Busan, Busan, Busan, which is the ownership of the complainant, to the defendant defendant C, and (b) forged a real estate sales contract in the name of the complainant and a power of attorney for ownership transfer registration; and (c) submitted the documents to the Busan, Busan, Busan, Busan District Court registry, and made the owner of the above apartment obtain ownership transfer registration

However, in fact, the defendant consented to the preparation of a real estate sales contract and a letter of delegation for ownership transfer registration in the name of the defendant with consent to the above apartment ownership transfer to C, and C and D did not use the above real estate sales contract and the letter of delegation for ownership transfer registration.

In this respect, the defendant made a false accusation against C and D for the purpose of having C and D punished criminal punishment.

Summary of Evidence

1. The defendant, who was investigated by the prosecution after being aware of the suspect interrogation protocol of the defendant by the prosecution, led to the confession of the fact without doubt, but in this court, again denies it.

In determining the credibility of a confession, it shall be determined whether there is a situation in which the contents of the confession are objectively rational, what is the motive or reason of the confession, what is the reason why the confession leads to the confession, and what is not contrary to or contradictory to the confession among the circumstantial evidence other than the confession, etc., and whether there is a reason prescribed in Article 309 of the Criminal Procedure Act, or the motive or process of the confession.

arrow