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(영문) 창원지방법원 거창지원 2015.09.02 2015고단185
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

[Criminal Power] On February 19, 2014, the Defendant was sentenced to six months of imprisonment for fraud, etc. in the Daegu District Court Kimcheon Branch of the Daegu District Court and two years of suspended execution, and the judgment became final and conclusive on February 26, 2015.

【Criminal Facts】

Around January 13, 2015, the Defendant filed a complaint with the Guro-si Police Station located in the Gu, Si, Seocheon-gun to the effect that “A, D, and E, who is a public official belonging to the Gohap-gun, may extract 29 pine trees located in Gohap-gun, Chungcheongnam-gun, Gyeongcheon-gun, is not subject to the extraction permission, and that he was punished for being suspected of violating the Creation and Management of Forest Resources Act, etc. on or around June 19, 2012.”

However, the facts are that C, D, and E granted the Defendant a permission to cut down 29 pine trees in the F forest in Gohap-gun of Gyeongnam-gun, and only the stamp of approval related to pine trees, and even though there was no additional stamp of approval for extracting the pine trees, the Defendant extracted the pine trees without permission.

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

Summary of Evidence

1. Partial statement of the defendant;

1. A copy of each protocol of examination of the accused by the prosecution (including the parts concerning D, G, H, and I statements)

1. A copy of each prosecutor's statement of the defendant (including the parts concerning D and E statements);

1. A copy of each protocol of examination of suspect regarding D by the prosecution (including the E statement part);

1. A complaint;

1. Each investigation report (in relation to the permission to fell standing trees of the Joint Military Forces, the field photographs, etc. at the time of cutting down pine trees, the extraction of pine trees, and attaching field photographs to them);

1. Previous records: Application of criminal records and investigation reports (Attachment to judgments related to A who is a criminal complaint) Acts and subordinate statutes;

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

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The conditions that are favorable to the reasons for sentencing under Article 62(1) of the Criminal Act.

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