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Reasons
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(영문) 창원지방법원 진주지원 2018.05.29 2018고단5
무고
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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On August 21, 2017, when the Defendant had a good appraisal against C due to a dispute over ordinary land, the Defendant prepared a complaint stating that “A around September 2013, which was listed in Sacheon Police Station neighboring the Sacheon-gu, Sacheon-si, Sacheon-si, Sacheon-si, Sacheon-si, Sacheon-si, Sacheon-si, Sacheon-si, Sacheon-si, Sacheon-si, Sacheon-si, Sacheon-si, Sacheon-si, Sacheon-si, Sacheon-si, Sacheon-si, Sacheon-si, Sacheon-si, Sacheon-si, Sacheon-si, Sacheon-si, Sacheon-si, Sacheon-si, Sacheon-si, Sacheon-si, Sacheon-si, Sacheon-si, Sacheon

However, on July 2012, the defendant prepared a letter of performance that he would waive the ownership of trees upon the request of F to cut the trees planted by the defendant from F, the owner of the above D, and thereby F removed the above trees from F on July 2013. There was no fact that C stolen the trees owned by the defendant.

In this respect, the defendant made a false accusation for the purpose of having C receive criminal punishment.

Summary of Evidence

1. A witness G, H, C, F, and I’s legal statement;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution against the F and the accused;

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

1. Statement made by the police against the defendant, H and G;

1. The written statement of the defendant;

1. Complaint;

1. A certificate of all registered matters;

1. The defendant is not guilty, because he/she has a fact that he/she brought about trees owned by C," on the part of the defendant who notified the result of appraisal.

Since considering the evidence in the judgment, C, even though it was not true that C has stolen trees owned by the Defendant, it can be acknowledged that C had a false fact with the intention of having C receive criminal punishment, such as submitting a written complaint as stated in the facts constituting a crime, so the Defendant’s assertion is without merit.

Application of Statutes

1. Criminal facts;

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