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(영문) 의정부지방법원 2014.11.11 2014고단1218
무고
Text

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

Reasons

Punishment of the crime

【Criminal Force】 On January 13, 2012, the Defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor at the Seoul Southern District Court on the grounds of forging Private Document, etc., and the judgment became final and conclusive on January 21, 2012, and is currently under suspended sentence.

【Criminal Facts of Crimes】 On August 6, 2013, the Defendant prepared a false complaint with respect to C/D using a computer at an unsound place.

A complaint is filed in collusion with the defendant C and D on September 28, 201, with the content that "any forgery of the notification of the assignment of claims in the name of the complainant shall be punished," or that C and D did not have forged the above notification of the assignment of claims.

Nevertheless, around August 6, 2013, the defendant submitted the above written complaint to the police officer F of Seoul Young Police Station E Team E Team of the Seoul Young Police Station.

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. Each legal statement of witness D, C and G;

1. Examination protocol of suspect regarding D by the prosecution (including the substitute part);

1. The police statement of the defendant;

1. A complaint, etc. and a complaint;

1. A previous conviction in the judgment: Although the Defendant alleged that he did not prepare the notice of assignment of the instant case; however, the following circumstances acknowledged by the evidence duly adopted and investigated by the court, namely, that the Defendant’s seal is affixed to the Defendant’s “A” side of the notice of assignment of the instant case; D prepared the said notice at the same place with the Defendant; the Defendant clearly stated his name in the notice of assignment of the instant case and affixed his seal on the side; the Defendant consistently stated that his name in the notice of assignment of the instant case was written; and the Defendant consistently stated that his name in the notice of assignment of the instant case was C; however, C did not appear at the site at the time of preparing the notice of assignment of the instant case; there is no evidence to prove that C was written.

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