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(영문) 광주지방법원 2013.08.30 2013고단2901
무고
Text

A defendant shall be punished by imprisonment for four 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 April 16, 2013, the defendant prepared a false complaint against E using a computer for the purpose of having E receive criminal punishment from a certified judicial scrivener office located in Gwangju Dong-gu, Gwangju, with the aim of having E receive criminal punishment.

Around March 15, 2012, the head of the accusation stated that “Defendant Party E, a party to the complaint, prepared a lease agreement with Party A’s owner G loan 201 and 203 located in Seo-gu, Seo-gu, Gwangju, and, without A’s consent, arbitrarily blind the stamp A’s name and enter the name A in the lessor’s name, thereby forging the relevant contract.”

However, in fact, the Defendant: (a) was a person who leased only the registration name of the above GGGD purchased by the Defendant, and (b) was allowed to use the name of the Defendant in the event of the relevant HGD’s lease contract; and (c) was aware of the fact that E was only drafted a lease contract under the re-delegation of the above H, and that it was not forged

Nevertheless, around April 16, 2013, the Defendant submitted the above written complaint to the police officer who could not know his name in the Gwangju Mine Police Station located in the Gwangju Mine-gu, Gwangju.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Statement of the police statement related H;

1. A ledger for issuance of each certificate of seal imprint;

1. Application of Acts and subordinate statutes to civil petition documents;

1. Article 156 of the Criminal Act applicable to the crimes;

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

1. It is so decided as per Disposition by the assent of all participating Justices on the following grounds: (a) some of the circumstances leading up to the instant complaint with the reason for sentencing under Article 62(1) of the Criminal Act; (b) the fact that there are no records of punishment other than minor criminal records; and (c) confession during the investigation process

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