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(영문) 창원지방법원 밀양지원 2017.08.24 2016고단711
무고
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 July 7, 2016, the Defendant: (a) at the Changwon District Public Prosecutor’s Office (hereinafter “C”) located in Changwon-si; (b) concluded a contract with C to sell land owned by C around January 30, 2015 (hereinafter “C”) to the Defendant; and (c) filed a civil suit against Changwon District Court smuggling on October 14, 2015; and (d) submitted a false statement (the content that the Defendant promised to jointly use by the Defendant) (the Defendant controlled C’s access by stockpiling obstacles, such as wood) to the effect that C would be subject to criminal punishment; and (c) submitted an additional investigation to the Seoul District Public Prosecutor’s Office to the effect that the Defendant’s ownership of the said land transferred by C was cancelled on March 30, 2016; and (d) submitted an additional statement to the effect that C would have been subject to criminal punishment by committing an investigation to cancel the registration of the said land transferred by C; and (d) submitted the said decision to the effect that C would be subject to criminal punishment of 16.

However, in fact, the Defendant continued to use from June 27, 2015 to July 24, 2016, and controlled C’s access by stockpiling obstacles, such as wood, on the road that the Defendant promised to use jointly with the Defendant, and therefore, C did not have any fact of entering the court by making false statements in the above civil procedure.

Accordingly, the defendant filed a false complaint with C for the purpose of having C punished criminal punishment.

Summary of Evidence

1. Legal statement of witness E;

1. Statement made by the police against the defendant;

1. A written additional statement of the defendant;

1. A complaint filed and a land transaction contract;

1. Application of Acts and subordinate statutes to on-site photographs (No. 13);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Social service order under the Criminal Act;

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