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(영문) 전주지방법원 정읍지원 2015.08.11 2015고단219
무고
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 21, 2013, the Defendant was sentenced to one year and six months of imprisonment with prison labor for the crime of property damage, etc. in Jungcheon Prison branch on June 26, 2014. On November 5, 2014, the Defendant was sentenced to seven years of imprisonment with prison labor for the crime of false accusation, etc. at the Jeoncheon District Court on November 5, 2014, and the judgment became final and conclusive on January 13, 2015.

On December 29, 2014, the Defendant drafted a false complaint with respect to C using a test color pen in the support in the Jeonju prison located in the Jeonju-ro, 2034, Jeonju-si, Jeonju-si.

Around July 7, 2014, the contents of the complaint include: “C prepared one copy of the application for the registration of transfer of a motor vehicle in the name of the defendant without the consent of the defendant in the front-to-Eup vehicle registration system; and then, “A request to punish any public official who is not aware of the fact because it was shipped”; and the defendant prepared an application for the registration of transfer of a motor vehicle in the front-to-Eup vehicle registration system located in the front-to-Eup vehicle registration system located in the Seoul Special Self-Governing City, Jeollabuk-do

Nevertheless, around January 22, 2015, the Defendant submitted the above complaint by mail to the previous district public prosecutor’s office located in Si/Eup/Myeon-dong 989-6, Dong-dong 989-6.

As a result, the defendant was arrested for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol regarding C;

1. Investigation report (in relation to motive A who files a criminal complaint),

1. A complaint;

1. Application for registration of transfer, certificate of transfer of motor vehicle, acquisition tax receipt and registration certificate;

1. A certificate of personal signature, certificate of personal seal impression and automobile insurance registration;

1. Previous convictions as stated in its ruling: Data inquiry about criminal records and investigation records, investigation reports (Attachment to the same type of records), investigation reports (report on repeated crime records of a suspect), application of the Acts and subordinate statutes of the individual number/Incarceration inquiry association;

1. Article 156 of the Criminal Act applicable to the crimes and Article 156 of the Election of Imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Statutory mitigations Articles 157, 153, and 55 of the Criminal Act;

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