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(영문) 부산지방법원 동부지원 2018.03.21 2018고단41
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 20, 2017, the Defendant submitted a false complaint to the officials in charge at the public service offices of the Busan District Public Prosecutor's Office's Branch Office located in 19 Do-ro 112, Busan District Public Prosecutor's Office (Re-Dong-dong).

The contents of the complaint were that "C, a management director of the taxi company, voluntarily stated the reason for retirement in the name of the defendant, who is a taxi engineer, and subsequently changed the documents under the name of the defendant and exercised them."

However, in fact, the defendant stated the above resignation as "individual circumstance", and the above C did not state the above contents at will.

As a result, the defendant made a false accusation for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against the defendant;

1. Statement made by the police against D;

1. Complaint;

1. Original of written resignation, a copy of multiple interest rates, and curriculum vitae;

1. Application of Acts and subordinate statutes to written appraisal;

1. Article 156 of the Criminal Act concerning the facts constituting the crime;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act (in cases of confession, etc.) of the Criminal Act mitigated by law;

1. Type 1 of Article 62 (1) of the Criminal Act (The confession and the point agreed with the victim) (the scope of punishment recommended according to the sentencing guidelines): One month to one year;

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