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(영문) 인천지방법원 부천지원 2016.06.28 2016고단809
무고
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 30, 2015, the Defendant prepared a false complaint with respect to C and D at the Bupyeong-gu Police Station in 631, Seocheon-gu, Seocheon-gu, Seocheon-gu, 2015.

The complaint was introduced by the complainant C on March 2014 from the defendant, the defendant, C, the defendant, and the land of salary E and F, the defendant, and the same year.

4.2. Around February 4, 2000 won was purchased from D, and the Defendant Nonparty Nonparty Nonparty sold each of the above lands with hiding the fact of establishing a right to collateral security and superficies, which had already been established on each of the above lands, thereby being subject to fraud, and thus punished by Defendant Nonparty Nonparty Nonparty.

However, the Defendant was notified by the Defendant’s Nonparty of the establishment of the right to collateral security at the time of the contract.

Nevertheless, the defendant submitted and received the above complaint to the police officer in charge at the Ocheon-gu Police Station on the same day.

Accordingly, the defendant, C and D, for the purpose of having C and D receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. A protocol concerning the interrogation of suspect C by the police;

1. A complaint (two pages of the preparation of the defendant and the record of evidence);

1. A certified copy of each other donation (Evidence 57, 61 page), each real estate transaction contract (Evidence Record 88, 89 pages);

1. The application of Acts and subordinate statutes, such as a written appraisal or recording (G, evidence recording 172 pages);

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] No. 1 basic area (6 months to 2 years) (the person who is subject to special sentencing];

2. The decision of sentence shall be made in the same manner as the order, in consideration of the fact that there is no previous conviction, the fact that there is a motive to take into account the crime in this case, the fact that the crime is recognized, the fact that the defendant's age, occupation, etc.

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