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(영문) 제주지방법원 2013.06.05 2013고단95
무고
Text

A defendant shall be punished by imprisonment for 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

Around 13:00 on October 22, 2012, the Defendant prepared a false complaint against C judicial scrivener office located near the Jeju East Police Station, the Jeju East Police Station, and D, the attorney-general.

The gist of the complaint is that "D entered into a civil litigation contract at the E-Attorney's office located in Dondo 2 Dong-do, Hadon on September 2012, and received two million won from the defendant for this purpose, and embezzled at will during the custody of the defendant." However, the defendant received the above money from D on September 25, 2012.

Nevertheless, the defendant submitted the above complaint to the public service center of the Dong-dong Police Station of the same Dong-dong Police Station for the purpose of enabling D to take criminal punishment against the complaint that D did not smoothly reach an agreement with respect to the above civil procedure contract.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes of civil petition documents (written complaint, cash custody certificate, receipt);

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

1. It is so decided as per Disposition in view of the following: (a) the reason for sentencing under Article 62(1) of the Criminal Act, as above, is the crime that impairs the right to impose a punishment on the State; and (b) the risk of being subject to unfair criminal punishment on the other party; and (c) the Defendant does not appear to have a strong attitude of reflection by denying the facts charged in this court; (d) the Defendant selected imprisonment in consideration of the fact that the Defendant has no record of criminal acts in the same kind; (e) the Defendant was led by the prosecution; (e) the Defendant did not have criminal punishment against D; (e) the Defendant’s health status is relatively old; and (e

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