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(영문) 울산지방법원 2013.11.29 2013고단454
무고등
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 September 201, the Defendant borrowed KRW 3 million from the victim D, and repaid KRW 1.8 million to the victim D and did not repay the remaining KRW 1.2 million, and the victim D applied for the payment order to seek the above KRW 1.2 million to the Ulsan District Court around February 2012, 2012, the Defendant had tried the victim to have his respect for religion and file a false complaint against the victim.

On March 23, 2012, the Defendant prepared a complaint to the public service center of the Ulsan-gu Police Station in Ulsan-gu, Ulsan-gu, Seoul-do, and submitted to the above police station a statement of the purport that “A, the Defendant, at the end of August, 2011, was going to the Hamsan, on the vehicle along with the complainant, and was going to the Hamsan East-dong, the vehicle at the road, and the amount of the complainant’s chests coming to the Hamk-dong, the Hamk-dong, the Hamk-dong, the vehicle at the Hamsan-dong, the Hamk-dong, and the Hamk-dong, the Hamk-dong, the Hamk-dong, who continued to attract the complainants at the temporary accommodation of the Masan

However, there was no fact that the victim had committed indecent act by compulsion of the defendant at the time, and there was no fact that the defendant argued that he was forced to commit indecent act by compulsion of the defendant as well as the time and place at that time.

Nevertheless, the defendant submitted a false statement of complaint and rejected the victim D.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D, E, F, G and H;

1. Statement of the police statement of the defendant;

1. Complaint;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of records of original disposition cases);

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

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

1. The sentencing range and the scope of recommendations on the sentencing criteria and the basic area of general accusation of high-ranking crimes: Imprisonment with prison labor for not less than six months nor more than two years;

2. The defendant's decision of sentence is against the law when committing a crime, and the defendant is the victim.

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