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(영문) 의정부지방법원 2014.07.02 2014고단702
무고
Text

A defendant shall be punished by imprisonment for six months.

except that 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 12, 2013, the Defendant had the above administrative secretary prepare a false complaint against C with the intention of having C receive criminal punishment at the office of the administrative secretary in which it is impossible to know the trade name prior to the Gu Office Police Station, 420, Dong Government-dong 420.

Around 208, at the bottom of the book, the statement of complaint entered the receipt and receipt of money prepared by C in falsity in Korean in the name of the complainant at the bottom of the book and forged the book without the complainant's consent or consent, and submitted it to the police station for the use of the book without obtaining the complainant's consent or consent.

The contents and facts of “the Defendant did not forge the above monetary receipt and disbursement book by writing the Defendant’s name directly at the bottom of the monetary receipt and payment in C’s preparation and signing.

Nevertheless, on the same day, the defendant submitted the above complaint to the police officer who could not know his name in the public service center of the government police station on the same day, and brought C without permission.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement among the interrogation protocol of the accused by the prosecution;

1. Each police suspect interrogation protocol of D or E;

1. The police statement of the defendant;

1. The filing of a complaint and the payment in cash;

1. Application of the relevant Acts and subordinate statutes to a written expert opinion (ae.g., 651 pages);

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

1. Reasons for the sentencing of Article 62(1) of the Criminal Act [decision of the type] and Article 62(1) of the Act on the Suspension of Execution [Decision of the recommended area] The basic area [the scope of recommendation] six months to two years [the scope of general person] [including efforts taken for the recovery of damage] - reflective measures against mitigation elements / [the scope of punishment] 1 month to 10 years [the period of suspension of execution] - The main reasons for the suspension of execution: The positive reasons for the suspension of sentence (including serious efforts for the recovery of damage), / The significant changes (including self-denunciation, confession, etc.) - The reasons for general reference are higher than the positive suspension of execution.

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