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(영문) 의정부지방법원 2016.11.04 2016고단3614
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 April 2016, the Defendant made an accusation to the effect that “A representative D, who has been awarded a contract for the construction of a factory of the Defendant, prepares a steel company and goods supply contract with E (representative F) at the office of the attorney-at-law located in Yongsan-gu, Goyang-si, Goyang-si, the Defendant arbitrarily affixed the name plate of the Defendant company and the seal of the Defendant to the guarantor column, and performed it.”

However, the facts are that the defendant agreed to guarantee the payment of steel products to D and put the name and seal of the business operator directly on the column of the guarantor of the goods supply contract.

Nevertheless, on April 20, 2016, the defendant submitted a written complaint to the public service center of the Namyang Police Station located in 522, Chungcheongnam-si, Namyang-si.

In this respect, the defendant was arrested for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Statements made by each D among the suspect interrogation records prepared by the prosecution two times against D and the accused;

1. The prosecutor's statement concerning G;

1. Statement D or F's statement in the police interrogation protocol of D, the police interrogation protocol of D, the accused, and F (two times, two times, and two times, two times, and two times);

1. The police statement of the defendant;

1. Each investigation report (H employee G telephone statement, J of the former accounting staff member J. T. F. E. witness F. F., suspect D1 application form, witness G submitted a standard form of “main document”

1. A complaint and a letter of withdrawal of a complaint;

1. Application of Acts and subordinate statutes on a commodity supply contract and construction contract;

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

1. Articles 157, 153, and 55 (1) 3 (Confession) of the Criminal Act, which are statutory mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines of the Supreme Court [the scope of the recommended punishment] types 1 (general dismissal] (1-1 year) and the mitigation area (1-1 year), self-denunciation and confession;

2. Circumstances unfavorable to the decision of sentence: The national legal interest, which is the proper exercise of criminal justice rights, is false accusation.

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