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(영문) 창원지방법원 통영지원 2017.07.11 2017고단548
무고
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On April 25, 2014, the Defendant was released on November 30, 2015, and was released on parole on February 7, 2016, when he/she was sentenced to two years for attempted fraud in the Changwon District Court’s territorial branch, and was serving in prison.

The defendant, who operates a D cafeteria in Tong Young-si, was in a de facto marital relationship at the time he was detained for the attempted fraud.

E has been in charge of the operation of the above frequency, but after the release, the statement that E was assaulted by the suspect F from the suspect F and the suspect's son was involved after the release, and the promotion of E was good.

On April 2016, the defendant prepared a false complaint against E with the assistance of counsel.

The complaint filed that “Defendant C embezzled G sales proceeds in mind, and H sold without the permission of the complainant,” and that, in fact, E did not arbitrarily use G sales proceeds, and disposed of H with the delegation of the authority to dispose of it by the Defendant.

Nevertheless, on August 10, 2016, the defendant submitted the above complaint to the police officer who is not able to know his name at the Tong-young Police Station located on the luminous map at the time of opening the Dong-young.

In this respect, the defendant made a false accusation against E for the purpose of having the criminal punishment imposed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspects by the prosecution against E, I and J;

1. Statement made by the police against the defendant;

1. Two copies of the complaint(A), two copies of the fishing vessel register (G, H), loan certificates and payment notes (related to the sale and purchase of the vessel of this case), and each statement;

1. A written withdrawal of complaint;

1. A criminal investigation report (report on the result of analysis of statements by a complainant and suspect based on the details of meetings and conversations between the complainants);

1. Previous convictions in judgment: References to inquiries, such as criminal history, current status of acceptance, and application of the text of the judgment;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Articles 157, 153, and 55(1)3 (Confession) of the Criminal Act to be mitigated by law.

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