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(영문) 창원지방법원 마산지원 2016.11.08 2016고단907
무고
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around April 19, 2016, the Defendant drafted a false complaint with respect to C, D, and E at the near a certified judicial scrivener office of the Mucompo-gu Office of Mucompo-gu, Changwon-si.

The gist of the accusation is that “Defendant C, D, and E submitted a false accusation that the complainant did not pay wages to the complainants on April 2015, 2015, for the purpose of having the complainants punished, even though the employment relationship between the complainants and the defendants was terminated on March 2015, the complainants did not have an obligation to pay wages to the complainants on April 2015.”

However, in fact, the Defendant directly employed C, D, and E by being awarded a contract with the G company located in the Changwon-si M&F, and the employment relationship was continued until April 2015 and the Defendant had a duty to pay wages for April 2015, C, D, and E, thus, C, D, and E did not have any suspicion of the Defendant.

Nevertheless, the defendant submitted the above written complaint to the Head Office of the Chang-gu District Prosecutors' Office in the Central Dong-dong 21, Masan-si, Changwon-si, Changwon-si on the same day.

In this respect, the defendant was arrested for the purpose of having C, D, and E receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against the defendant and H;

1. Each police suspect interrogation protocol of C, E, or D;

1. Application of the police statement law to the defendant

1. Article 156 of the Criminal Act as to the facts constituting the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 157, 153, and 55 (1) 3 (Confession) of the Criminal Act, which are statutory mitigation;

1. The sentencing conditions under Article 62(1) of the Criminal Act, such as the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, shall be determined as ordered in full view of the following circumstances under the reason of suspended sentence.

The term "unfavorable circumstances" means the criminal justice function of the State.

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