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(영문) 울산지방법원 2017.11.30 2017고단3271
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 one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On February 16, 2017, the Defendant prepared a false complaint with the aim of having C punished by criminal punishment at the public service center of the Dongyangsan Police Station located in Yangsan-si, Yangsan-si.

The complaint is filed on November 10, 2016: November 10, 2016; 1. The complaint is filed; 2. The complaint is filed, although the complainant does not delegate the authority to prepare each written waiver of the work with D Co., Ltd.; and C, the defendant, the defendant, the defendant, the plaintiff, the defendant, the defendant, the plaintiff, the defendant: the defendant, the 10th day of November 201;

F The F's paper stamped and submitted it to the personnel in charge of the foregoing D and exercised.

2. Notwithstanding the absence of the complainant’s delegation of the authority to prepare the notes on the waiver of H Works in G and I by the complainant, Inc., the Defendant C is the date of November 14, 2016: November 14, 2016; E and the representative: the name written in advance and kept in the name.

The F's letter stamped was drawn up and submitted to the staff in charge of the G and exercised.

The contents of “A” and facts were not forged since the Defendant delegated C with the authority to prepare a letter of waiver of each of the above construction works, which was written by C.

In addition, the defendant submitted a written complaint stating false facts to the public service center of the Gyeongnam-nam Police Station.

Accordingly, the Defendant brought a false accusation against the above C with the aim of having the above C punished.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against the F and the accused;

1. Details of letters exchanged between the complainant and the suspect, and the Kakao Stockholm exchanged between the chief of J division of the G company and the complainant;

1. Complaint;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to mitigate confessions;

1. The reason for sentencing under Article 62(1) of the Criminal Act is [the type of decision] of Article 62(1) and Article 62(1) of the Criminal Act.

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