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1. The defendant shall be punished by imprisonment for eight months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
On January 21, 2016, the Defendant entered into a charter contract with C on the D building owned by his/her father, Busan Jung-gu, Busan, which is his/her father, and had caused disputes between C and C on the construction cost, and had the mind to file a false complaint against C.
On March 21, 2016, the Defendant prepared and submitted a complaint to the public service center of the Jung-gu Office of Busan Central Police Station of 105 Busan Central District on March 21, 2016, stating that “C, around 14:30, on March 16, 2016, from the third floor stairs of the housing located in Busan Central District, it was hard to find out that there is absence of inside the three floors, and then cut off three strings by carrying three strings, and at the investigation and economic team office of the above police station on March 28, 2016, the Defendant entered and made a statement to the public service center of the Jung-gu Busan Central Police Station of 105 Busan Central Police Station, stating that “The above office of the police station and the economic team have known that three strings and three strings laid down at the site of the third floor and three strings laid down, and that it brought about C with the pipe and the pipe.”
However, in fact C had the above stand pipe in front of the Defendant’s view with the permission of the Defendant, and there was no fact of having the above stand pipe.
Nevertheless, on March 21, 2016, the defendant submitted the above complaint to the Busan Central Police Station, and stated the above false facts to the Busan Central Police Station Assistant E on March 28, 2016.
As a result, the defendant was arrested for the purpose of having C receive criminal punishment.
Summary of Evidence
1. C’s legal statement;
1. Examination protocol of suspect C by the prosecution;
1. The police statement of the defendant;
1. A complaint;
1. The defendant and his defense counsel asserted to the effect that no false report or statement is made, and the crime of larceny is not constituted solely based on the accusation.
Comprehensively taking account of all the evidence in the judgment.