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(영문) 대전지방법원 공주지원 2018.02.13 2017고단458
무고등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On April 8, 2016, the Defendant obstructed the victim’s restaurant operation by force by preventing the victim D from entering the restaurant’s employees and visitors by blocking cars and the roadsides on the access road to the restaurant, thereby obstructing the victim’s restaurant operation by force.

2. On October 19, 2016, the Defendant filed a lawsuit claiming the payment of loans against the complainants on the ground of the certificate of borrowing under the name of the complainants on January 5, 2010 and the certificate of borrowing KRW 55 million on the ground of the certificate of borrowing. Thus, the Defendant forged a private document and committed fraud.”

However, at the request of the defendant on February 2012, the above loan certificate was written by D, a de facto spouse of the defendant at the time, and signed by the defendant and sealed by F.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement made by the police against the defendant;

1. Each police statement made to F or D;

1. Each report on investigation;

1. Application of the provisions of a part of the Act and subordinate statutes in 2016 No. 20219 to a copy of the accusation, business obstruction photographs, acceptance certificates, details of check transactions, check inquiries, each loan certificate, details of financial transactions, notice of investigation, written appraisal, notice of the result of disposition of the accusation case, three copies of the obstruction of duties, photographs, non-prosecution decision, etc., and one copy of the public order order assistance 2016.

1. Relevant Article 156 of the Criminal Act, Articles 156 of the Criminal Act, Article 314 (1) of the Criminal Act, and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 of the Criminal Act:

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