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(영문) 청주지방법원 충주지원 2017.09.13 2016고단260
무고
Text

A defendant shall be punished by imprisonment for four 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 December 23, 2015, the Defendant had been issued a public service center of the Chungcheong Police Station in the Chungcheong Police Station in the 218-ro 218 Chungcheongbuk-si, the Defendant, using the official approval color pen, “B” in the Defendant’s sexual name column, and the content of the complaint “B” has been issued a seizure and collection order for the claim of TV and loans from Samsung Card Company.

It is confirmed that both the use of handphones and the recording of loans and the packaging of loans are not the principal.

Each written complaint with “B” was submitted.

However, the above television was directly purchased by the defendant, and the loan contract was concluded by the defendant, and there was no fact that B concluded a loan contract by stealing the name of the defendant.

Accordingly, the defendant raised B without criminal punishment for the purpose of having B receive criminal punishment.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A protocol concerning the suspect B of the police;

1. A petition and a police statement protocol against the defendant (No. 2 No. 1 of the evidence list);

1. Application of the statutes of the response request for appraisal;

1. Article 156 of the Criminal Act applicable to the facts constituting an offense and Article 156 of the choice of punishment;

1. Articles 157 and 153 of the Criminal Act to mitigate confessions;

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

1. Application of the sentencing guidelines [the types of decisions] fixed crimes, types 1 (general accusation) [the person subject to special sentencing] mitigated elements: Voluntary confession (the scope of decision-making in the recommended sphere and the balancing of recommendations] mitigated areas, one month to one year;

2. Circumstances unfavorable to the determination of sentence: The circumstances favorable to the fact that the criminal justice agency’s failure to waste unnecessary human resources and cause serious pain to the victim and may lead to the exercise of the right of punishment by a wrong state, and thus requires strict punishment: The fact that the defendant committed the instant crime at an investigative agency, and that there was no serious damage to the victim and the victim, as it was clearly stated in the investigation process.

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