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(영문) 서울동부지방법원 2018.03.21 2017고단4210
무고
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On January 11, 2018, the Defendant was sentenced to a suspended sentence of ten (10) years of imprisonment with prison labor for the crime of embezzlement, etc. at the Seoul Northern District Court, and the judgment on January 19, 2018 became final and conclusive.

【Criminal facts” The Defendant was indicted on March 31, 2017 on the charge of embezzlement by the F while undergoing conflicts with the victim FF in relation to the Committee for the Settlement of Co., Ltd., and the Defendant was accused of embezzlement on March 31, 2017.

On May 2017, the Defendant drafted a false complaint with respect to F using a computer at a closed place via G.

The gist of the written complaint is that “F, Defendant C, without the consent of the Defendant on August 26, 201, shall modify the contents of the articles of incorporation of the said commission without the consent of the Defendant and shall seal the name of the Defendant, thereby forging the articles of incorporation of the said commission in the name of the Defendant, F, etc., and shipping it to the registry of the court on August 30, 201.”

However, on August 26, 2011, the above document had H, one of his employees, create and affix a tension with the name of himself and F.

Nevertheless, on May 18, 2017 through G, the Defendant submitted the above complaint to the public service center of the Yeongdeungpo Police Station in Seoul, Songpa-gu, Seoul, which is located in 221 among Songpa-gu Seoul, and to the police officers whose name is unknown.

As a result, the defendant made F a false accusation for the purpose of having F punished criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 156 of the Criminal Act and the selection of punishment by imprisonment;

1. Articles 157 and 153 of the Criminal Act to mitigate confessions;

1. The latter part of Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the reason for the sentencing of Article 39(1) of the Criminal Act [the type of determination] and one type [the person with special sentencing] [the person with special sentencing] - the mitigated element: the area of confession [the scope of recommendation] mitigated [the scope of recommendation] from one month to one year [the person with general sentencing] - the statement of false facts in a complaint [the person with general sentencing] - the statement of several reasons for general consideration:

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