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(영문) 대구지방법원 2020.11.05 2020고단4494
무고
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 3, 2020, the defendant requested a lawyer office in the mutual infinite-dong, Daegu Suwon-gu to prepare a false complaint against B and C.

The gist of the accusation is that “Defendant B and C, even though the complainant did not have undergone the second accusation at the police station, prepared the second accusation statement as if the complainant had received the second accusation, and thus punished the Defendant as a crime of preparing false public documents,” and the Defendant was present at the investigation of the Daegu Southern Police Station and the economic team office around October 26, 2017 and was investigated by the complainant, and the second accusation statement prepared by the said C was signed and sealed.

Nevertheless, on February 3, 2020, the defendant submitted the above complaint to the public service offices of the Daegu District Public Prosecutor's Office located in Daegu-gu, Daegu-gu, 366.

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

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the police statement of the defendant concerning the suspect B; and

1. A written statement;

1. A complaint;

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

1. Article 156 of the Criminal Act applicable to the crimes and Article 156 of the Election of Imprisonment;

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

1. Although the nature of the defendant for the reason of sentencing under Article 62(1) of the Criminal Act is not good, the sentence shall be determined as ordered in consideration of all the circumstances shown in the arguments of this case, such as the defendant's age, character, conduct, environment, motive and circumstance of the crime, circumstances after the crime, health conditions, economic situation, etc., although the defendant is the first offender.

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