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(영문) 부산지방법원 2018.08.24 2018고정1033
무고
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around December 29, 2017, the Defendant drafted a written accusation (hereinafter “instant written accusation”) against D (hereinafter “D”) using a computer in the Defendant’s house (Seoul Young-gu, Busan Young-gu, 202 Dong 124, 124).

The accusation of this case states, “AC, the Defendant, did not graduate from the Open High School annexed to the Busan East High School (hereinafter referred to as “instant High School”) but forged and shipped the certificate of graduation at the time of election for the representative tenant of C apartment building, and thus punished for the crime of forging official documents, etc.,” and the facts, DC was actually issued a certificate of graduation on February 17, 2013, and submitted the certificate of graduation. There was no forgery of the certificate of graduation.

Nevertheless, on December 29, 2017, the Defendant submitted the instant accusation to the Yeongdeungpo-do Police Station of Busan (Seodo-ro 46, Busan) (Seodo-ro 46).

As a result, the defendant made D's order for the purpose of having D's criminal punishment imposed.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect with respect to D;

1. Application of the indictment of this case and the law governing the graduation certificate

1. Article 156 of the Criminal Act applicable to the facts constituting an offense and Article 156 of the choice of punishment;

1. Articles 157, 153, and 55 (1) 6 of the Criminal Act to mitigate confessions;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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