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(영문) 창원지방법원진주지원 2020.12.16 2020고단1762
무고
Text

A defendant shall be punished by imprisonment for six 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 July 29, 2019, the Defendant prepared a false complaint using the forms of a written complaint filed in the public service center of the Si/Gu police station located in the city of Si/Gu/Eup/Myeon, Busan, Busan, by using the forms of the written complaint kept therein. The contents of the complaint include “B shall be punished for committing an offense, such as forging an application for insurance under the name of the Defendant seven times from June 2008 to March 2017, by forging the application for insurance under the name of the Defendant and entering into an insurance contract under the name of the Defendant.”

However, B did not forge the application for the purchase of insurance under the name of the defendant.

Nevertheless, the defendant submitted the above complaint to the police officer in charge of the public service center on the same day.

As a result, the defendant reported false facts to the public officials with the aim of having them criminal punishment B, and rejected B.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Examination protocol of the accused by prosecution;

1. Copy of the suspect examination protocol concerning B by the prosecution;

1. Each police statement against the defendant and C;

1. A complaint;

1. The application of Acts and subordinate statutes to each investigation report (the Nos. 4, 5, 7 through 12 of the evidence list), the preparation and reporting of recording notes;

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 (Confession) of the Criminal Act, which are statutory mitigation;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommendations according to the sentencing criteria shall be unlimited and unlimited (type 1) and the mitigation area, one month to one year;

2. An insurance solicitor was found to have concluded an insurance contract by forging a written application for the determination of sentence, etc.

However, the crime is recognized, and the accused was not subject to criminal punishment or public prosecution.

In addition, the criminal records, etc. of defendants are taken into account.

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