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(영문) 부산지방법원 2014.05.01 2013고단5155
무고
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 17, 2013, the Defendant filed a complaint with the same police station located in the Dongdong-dong 158-1, stating that “A”, “D Company E”, the Defendant’s complaint, and “E, the Defendant, from May 8, 2012, shall not grant permission and authorization to “A”, the ownership of the C organization, and “E, the Defendant, from May 8, 2012, has cut off without permission to cut the soil and rocks to a personal site, cut off them to cut off without permission, cut off them to a personal site, cut off them into a personal site, cut them into an unfair profit, and has been severely punished.”

However, on February 2012, the Defendant was awarded a contract with C organization for the new construction of a factory for 10 parcels, G of the window G in Changwon-si, Chungcheongnam-si, and then subcontracted the foundation construction of a factory and road entry construction among them to E. On April 2012, the Defendant ordered E to cut the mountain speech and construction of F forest land outside the boundary of the construction area, despite the fact that the Defendant ordered E to cut the mountain speech and construction of F forest land outside the boundary of the construction area, the Defendant submitted a false complaint.

Accordingly, the defendant was dismissed for the purpose of having E criminal punishment.

Summary of Evidence

1. Each legal statement of witness E and H;

1. Examination protocol of suspect E by the prosecution;

1. Application of Acts and subordinate statutes to a copy of a work site on May 2012

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

1. Article 62 (1) of the Criminal Act on the suspended execution (it shall be considered that the defendant has failed to repent, but there was no record of the crime of this case and of punishment for suspension of qualifications or more severe punishment);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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