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(영문) 수원지방법원 안양지원 2019.10.17 2019고단504
무고
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 6, 2018, the Defendant received a written complaint from the public service center of the Suwon District Public Prosecutor's Office, which is located in the 52-ro 212-h, Sinyang-si, Dongyang-si, 2018, to the effect that "B, under the name of the complainant (defendant), forged the written complaint revocation and received it to the above Ansan Police Station, which which is punished B as the crime of forging and uttering private documents."

However, on August 20, 2018, the defendant received a written complaint to the effect that "B shall be discarded in the course of waterproof construction work on the building of the complainant (defendant) on May 31, 2016, and B shall be punished for fraud because B obtained construction cost from the complainant (defendant) even though he/she did not have the intent and ability to properly perform the waterproof construction work from the beginning." On August 22, 2018, the defendant received the written complaint to the effect that "B shall be punished for fraud," the name, resident registration number, and contact information of the defendant, and the written complaint cancellation statement prepared in the form of the name of the defendant, resident registration number, and contact information of the defendant to C in the same manner as the third situation of the Dongdaemun-gu Police Station.

Nevertheless, the defendant filed a false complaint with the intent of having B be subject to criminal punishment as above with regard to B as the crime of forging private documents and the crime of uttering of private documents.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B and C;

1. Requests for appraisal;

1. Application of Acts and subordinate statutes to a copy of a letter of cancellation of complaint (No. 2 of investigation records);

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the scope of non-suspected crimes [Type 1] general non-determination [the scope of the recommended area and the scope of the recommended sentence] basic area, six months to two years; and

2. Circumstances unfavorable to a ruling of sentence: The defendant has prepared and submitted a letter of withdrawal of complaint at his/her own discretion;

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