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(영문) 부산지방법원 동부지원 2020.01.22 2019고단1683
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

On December 19, 2018, the Defendant prepared a complaint form for B, C, D, and E using the accusation form that was kept in the office of the public service of the Busan Shipping Police Station, located in 129, as Busan Shipping Daegu.

The written complaint is that F Law Firm B, C, D, and E agree on August 20, 2013 and they will not hold any civil and criminal responsibilities.

‘Written Agreement' has been forged and shipped to the Seoul Central District Court as a deed, so it has been punished as a crime of forging private documents.

"The content, fact-finding agreement was directly prepared by the defendant, and the B, C, D, and E did not forge the above agreement.

Nevertheless, on December 19, 2018, the defendant submitted the above complaint to the police officer who is unable to know his name in the public service center of the Busan Shipping Police Station.

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

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Legal statement of witness G;

1. A copy of each agreement;

1. Each written appraisal;

1. To enter in and present the written complaint;

1. Each investigation report (referring to submission of a written agreement, such as a statement of reply and a penbook, a date stamp, etc.) as a result of the appraisal of documents;

1. Application of Acts and subordinate statutes to an investigation report (a call recording for a complainant);

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 of the Criminal Act for mitigation of confessions;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for one month to ten years;

2. Scope of the recommended punishment according to the sentencing guidelines [decision of types] and the general accusation [type 1] and mitigation elements (special appearance]: Self-denunciation and confession [the scope of recommending area and recommendation range] mitigated area, imprisonment with labor for one month through one year;

3. Determination of sentence: Six months of imprisonment; and

4. The reason for sentencing.

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