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(영문) 부산지방법원 서부지원 2019.06.20 2019고단232
무고
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 14, 2018, the Defendant prepared a false complaint with respect to B using the 665 public service center of the private police station, as the Dogdogdog-si Busan, Busan, Dogdogdo-do.

The complaint is that "the defendant Eul, who was the defendant, was forged in the lawsuit of provisional disposition of real estate against him, and thus punished as a crime of forging or uttering of private documents," and that the loan certificate was delivered to B, and that there was no forgery of the above loan certificate.

Nevertheless, the defendant submitted the above complaint to the police officer who is unable to know his name in the public service center of the above police station on the same day.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused and the B;

1. The suspect interrogation protocol of the police as to B;

1. The police statement of the defendant;

1. Application of Acts and subordinate statutes to the accusation, loan certificate, written description, loan certificate attached to the details of letters, or recording;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] the scope of the recommendation punishment [Type 1] and the basic area of the non-permanent accusation [the scope of the recommendation field and the scope of the recommendation punishment] in general [the scope of the recommendation field and the person who is a special person], and six months to two years.

3. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution for two years, community service, 120 hours accused of false accusation of the other party to the civil case requires strict punishment in that the crime of this case is likely to interfere with the appropriate exercise of the state penal authority and cause considerable mental damage to the other party.

In fact, the other party to the complaint of this case was investigated by the police and the prosecution several times due to the defendant's complaint.

On the other hand, the defendant.

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