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(영문) 수원지방법원 2016.04.21 2016고단825
무고
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 29, 2013, the Defendant was sentenced to one year and eight months of imprisonment for a violation of the Narcotics Control Act at the Daejeon District Court on May 29, 2013, and completed the execution of the sentence at the Daegu Prison on February 12, 2014.

On September 24, 2015, the Defendant drafted a false complaint with respect to Z and AA in the Suwon-si, Suwon-si, Suwon-si.

The complaint states that "the defendant small area of the city shall forged and exercise a power of attorney to issue a certificate of seal imprint without permission of the complainant, and the complainant in collusion between the above Z and the defendant Eul, and trade the vehicle owned by the complainant by using a forged and forged certificate of vehicle transfer without permission, and thus punished." The defendant ordered the Z to sell the vehicle owned by the defendant, and the Z sold the vehicle to the AA with a certificate of seal imprint issued at the end of the defendant.

Nevertheless, on September 25, 2015, the Defendant submitted the above written complaint to the public service center of the Suwon-si District public prosecutor's office located in the Suwon-si World Cup, and on October 15, 2015, the Defendant stated the purport of punishing the Defendant since Z and AA arbitrarily forged documents and purchased or sold the Defendant's vehicle.

Accordingly, the defendant reported false facts to public offices for the purpose of having Z and AA punished criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the prosecution concerning the Z;

1. A protocol concerning suspect interrogation of the police officer against A;

1. A complaint;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Article 156 of the Criminal Act in relation to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Articles 157, 153, and 55 (1) 3 of the Criminal Act to be mitigated;

1. The sentencing guidelines [the scope of recommended punishment] Type 1 (General Dismissal) (one-one year from January to one) are mitigated (the person who is specially mitigated).

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