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(영문) 수원지방법원 평택지원 2017.08.02 2017고단937
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

While the Defendant was preparing for divorce with B, on April 4, 2017, the Defendant submitted a written complaint that “B was assaulted by the Defendant on or around February 16, 2017,” to the Defendant’s police station around Pyeongtaek-gu, Seoul, 2017, and tried to have his/her children take care of and leave his/her house without contact with the Defendant, and to submit a false complaint against B.

On April 6, 2017, the Defendant prepared a letter of complaint to the public service center of Pyeongtaek-si Police Station located at Pyeongtaek-si, 67 at the center of Pyeongtaek-si, 2017, stating that “In order for Defendant B to dispose of an apartment house, which is jointly owned by the complainant and the complainant, on July 19, 2016, the Defendant stolen his/her seal impression and identification card and forged and exercised a real estate transaction contract under the name of the complainant, and then punished it.” On the same day, the Defendant made a supplementary statement to that effect to C Superintendent at the above police station.

However, the defendant agreed to dispose of the above apartment in the process of preparing for divorce B before, and the defendant sent his seal imprint and identification card to B by mail.

Accordingly, the defendant was sentenced to criminal punishment B for the purpose of criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the defendant;

1. Application of Acts and subordinate statutes to the police interrogation protocol concerning B;

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (within the scope of the recommended sentencing criteria) of the suspended sentence;

1. Application of the sentencing criteria [Scope of the recommended punishment] Type 1 (General Dismissal).

2. Although the nature of the sentence is not minor, it does not reach the conclusion that it is against the recognition of the crime, the result of causing serious damage to the person under suspicion, and the person under suspicion does not want the punishment of the defendant.

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