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(영문) 대구지방법원 김천지원 2016.03.31 2015고단1588
무고
Text

A defendant shall be punished by imprisonment for not less than eight 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 May 25, 2015, the Defendant: (a) committed the forgery of a private document by using a computer in the Defendant’s residence located in the Gu-U.S. Si (U.S.) around May 25, 2015; and (b) committed the forgery of such a document; and (c) accordingly, punished.

6.1. Around June 22, 2015, he/she submitted this to the Daegu District Public Prosecutor's Office Kimcheon branch office, and received reference witnesses' investigation from the above public prosecutor's office, the defendant agreed on May 28, 2006 that he/she shall bear joint and several liability for EF (the above D's mother)'s debt, and prepared a cash custody certificate at the same time, not at the creditor, but at the same time;

D Since then, the certificate of cash custody was modified by arbitrarily adding the statement "B" to the bottom of the certificate of cash custody, and then submitted it to the court in charge of the bankruptcy case in early 2015.

However, the above cash custody certificate was prepared by the defendant at the request of D, a creditor of E, and D participated in the preparation site, and the defendant consented that D added the creditor's statement to the above cash custody certificate and affixed his fingerprint directly on the additional statement.

Accordingly, the defendant reported false facts to the prosecutor's office with the intention of having D receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the defendant or D by the prosecution;

1. Statement made by the prosecution against E;

1. Each written appraisal;

1. Copies of the petition and records;

1. Application of Acts and subordinate statutes to each investigation report (Attachment of a photographic output of cash custody, attachment of a written decision on non-prosecution of a case evading compulsory execution against A);

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 157, Article 153, and Article 55 (1) 3 of the Criminal Act to mitigate self-denunciation;

1. The main sentence of Article 62 (1) of the Criminal Act;

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

1. Imprisonment with labor for a range of applicable sentences under the law from one month to five years.

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