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(영문) 창원지방법원 마산지원 2014.10.29 2014고단323 (1)
사기등
Text

A defendant shall be punished by imprisonment for not more than ten 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 May 8, 2013, the Defendant prepared a false complaint with respect to C through a test color pen on a site for a complaint which was kept at the Masan Police Station located in Masan-si Masan-si Masan-si 56-ro Masan-si, Masan-si.

The criminal complaint was filed in several times on March 2013, stating, “The punishment has changed because the criminal defendant forced the criminal defendant to talk or add his or her sexual organ to the criminal defendant's sexual organ.” There was no fact that C did not commit an indecent act or attempted rape against a criminal suspect.

Nevertheless, the defendant, at the above temporary police station, submitted the above written complaint to the police officer in a false name at the above police station for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Articles 157, 153, and 55 (1) 3 (Confession) of the Criminal Act, which are statutory mitigation;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [Scope of Recommendation] : Reduction area (one month to one year): Voluntary withdrawal and confession (decision of sentence): Imprisonment with prison labor for ten months, suspension of execution of sentence for two years (one half year and first crime, etc.);

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