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(영문) 의정부지방법원 고양지원 2020.02.13 2019고단3339
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 25, 2019, the Defendant submitted a written complaint stating false facts to B at the public service offices of the public service offices of the public service offices of the public service offices of the public service offices of the public service offices of the public service offices of the public service offices of the public service offices of the public service offices of the public service offices of the public service offices of the public service offices of the public service offices of the public service offices of the public service of the public service offices of the public service offices of the public service offices of the public service branch of the public service branch of the public service branch of the public service branch of

The content was that B arbitrarily disposed of the machinery equivalent to approximately KRW 400,000,00,00 which was left as security around May 2018, which had been disposed of by others. However, the fact was that B disposed of the said machinery with the permission of the defendant, and it was not arbitrarily disposed of, and that the defendant submitted a written complaint against B to request the return of the money invested by B.

Accordingly, the defendant was arrested for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the defendant;

1. Statement by the prosecution against C;

1. Copy of each protocol of suspect examination of the police as to B;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

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

1. Scope of punishment by law: One month to ten years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of punishment] the general accusation [the category 1] (the special sentencing person] mitigated factors: Voluntary confession [the scope of the recommended area and the scope of the recommended punishment] mitigated areas, one month to one year;

3. Determination of sentence: 6 months of imprisonment with prison labor and one year of suspended sentence need to be strictly punished as not only obstructing the appropriate exercise of the State’s penal authority, but also causing damage to an individual who attempts to avoid criminal punishment.

However, the fact that the defendant recognizes the crime and reflects it, and the person under whose name the crime is committed.

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