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(영문) 대구지방법원 김천지원 2018.06.21 2018고단263
무고
Text

Defendants shall be punished by imprisonment for four months.

However, each of the above punishments shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 23, 2017, Defendant A submitted a complaint stating that “Around August 23, 2017, at the Gu-U.S. police station located in the Dong-dong-ro 11-4, the Defendant forged an application for the purchase of KT mobile phone in the name of the Defendant, the Internet, and IPTV combined goods.”

However, on January 4, 2017, the Defendant consented to C to prepare each of the above subscription applications at the “E” mobile phone sales store located in Gu-U.S.C.D.

Accordingly, the defendant brought C without prison labor for the purpose of having C receive criminal punishment.

2. On August 23, 2017, Defendant B submitted to the Gu-U.S. Police Station a complaint stating that “Around August 23, 2017, the Defendant forged two copies of the application form for the purchase of KT mobile phone in the name of the Defendant, and two copies of the application form for the purchase of the Internet and IPTV.”

However, on February 11, 2017, the Defendant gave C consent to prepare each of the above subscription applications at the “E” mobile phone sales store.

Accordingly, the defendant brought C without prison labor for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Protocols concerning the interrogation of suspects by the prosecution against C (including theF statement);

1. Two copies of each complaint and each complaint withdrawn;

1. Application of the investigative report (report on the attachment of data on cases of purchase of cell phones, etc. in the name of the complainant who has filed the suspect), investigation report (report on the Internet in the name of the complainant A and B, and the fact of subscription to IPTV), investigation report (Attachment of the details of subscription to A, B, and the Internet), investigation report (report on the results of seizure) to statutes;

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act for suspended sentence;

1. The scope of one type of punishment recommended according to the sentencing criteria (general dismissal) shall be mitigated (one month to one year, and confession);

2. Sentence;

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