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(영문) 서울남부지방법원 2018.08.13 2018고단1967
무고
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On September 19, 2017, the Defendant filed a complaint with C with the Seoul Southern District Public Prosecutor's Office located in Yangcheon-gu Seoul Metropolitan Government on a paper A4 in the Seoul Southern District Public Prosecutor's Office located in Yangcheon-gu Seoul Metropolitan Government on September 390, 201.

D Then, a complaint was made to the effect that the name of the restaurant business license (the “certificate of business report”) was written by C to the effect that C forged documents, such as power of attorney, and illegally changed.

However, in fact, the defendant agreed to change the name of the business report from the defendant to C and the name of the business report was legally changed.

Nevertheless, for the purpose of criminal punishment by C, the Defendant received a written complaint stating such false facts from the Seoul Southern District Public Prosecutor's Office, which received the Seoul Southern District Public Prosecutor's Office on the same day.

2. Around February 20, 2018, the Defendant drafted a complaint stating that “A had filed a complaint with the public prosecutor’s office of Seoul Southern District Public Prosecutor’s Office using the same method as “C was forged or falsified, and E is also an accomplice, and E is an additional accomplice, and thus, punished for further accusation.”

However, as above, the Defendant had lawfully changed the business report name, and there was no document forgery E.

Nevertheless, the defendant received a written complaint stating such false facts from the Seoul Southern District Public Prosecutor's Office on the same day for the purpose of criminal punishment of E, and made the appeal to E.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Each complaint;

1. Application of Acts and subordinate statutes to each investigation report (to listen to telephone statements with suspects, C, and E / A’s power of certifying A’s seal imprint, and to listen to telephone statements with the legal representative consent / C);

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

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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