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(영문) 서울동부지방법원 2016.09.29 2016고단2385
무고
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Around July 28, 2015, the Defendant submitted a complaint prepared in advance with the purport of having C obtain criminal punishment, and the Seoul East-gu Seoul East-gu District Public Prosecutor's Office, Seoul-ro, Seoul-ro, Seoul-ro, Seoul-ro, and the Defendant prepared a letter of complaint stating that “C changed the date of preparation of a certificate of custody of the security deposit of the security deposit in the name of the Defendant around February 13, 2000 to January 13, 2010, which was prepared under the name of the Defendant, changed the date of preparation of the certificate of custody from January 13, 200 to January 13, 201,” and prepared a letter of complaint in advance at the public service center of the Seoul Gwangjin-ro, Seoul Special Metropolitan City, Gwangjin-ro, Seoul-ro, 447, around August 31, 2015, that “A request for collection of the security deposit was pronounced a favorable judgment by deceiving the court without compensation.”

However, in fact, there was a fact that the defendant was corrected by himself, and that the defendant allowed C to collect the money free of charge.

Nevertheless, the defendant filed each complaint against C by altering private documents and making a statement to the same effect in the Seoul East-gu District Public Prosecutor's Office, the Seoul Mine Police Office's civil petition office, and the Seoul Mine Police Station's civil petition office, as above.

Accordingly, the defendant reported false facts to public offices for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement C in the suspect examination protocol concerning C by the prosecution;

1. Statement made by the police against the defendant;

1. Investigation report (Investigation Record No. 106-167, 235-27, 235-27), investigation report (F telephone investigation);

1. Application of Acts and subordinate statutes to filing a complaint, documents attached thereto, and original documents for keeping security deposits;

1. Grounds for sentencing under Article 156 of the Criminal Act in relation to the relevant criminal facts and Article 156 of the choice of punishment;

1. The scope of the recommended punishment is one type (general dismissal) and the basic area (one month to two years) is to be specially mitigated.

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