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Reasons
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(영문) 청주지방법원 2016.09.29 2016고단1153
무고
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A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On January 12, 2016, the Defendant: (a) as the security guard of the Cheongju-si apartment B apartment, at the D Team office of the Cheongju-Gu Police Station D Team office of the Cheongju-Gu Police Station; and (b) prepared a written complaint against C using a verification-type pen in the form of the Cheongju-Gu complaint; (c) the content of the written complaint follows: “A around December 5, 2015, the Defendant, who is the Defendant, has forged a written resignation under the Defendant’s name.” However, the fact was only that the Defendant prepared a written resignation, and C did not have forged a written resignation

However, the defendant prepared the above false complaint and immediately submitted the complaint to the circumstances of the D Team E of the petition police station.

Accordingly, the defendant reported false facts to C for the purpose of having criminal punishment imposed upon C.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes of resignations and written expert evidence;

1. Article 156 of the Criminal Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to mitigate confessions;

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

1. The contents and result of the crime with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the details of the crime, the background of the crime, the absence of any criminal record of suspended execution or more, and the circumstances of the sentencing indicated in the argument of this case, including serious reflectivity, etc., shall be equally considered to determine the same type of punishment as the order within the mitigated range (a confession of one year or less) of the Supreme Court sentencing committee according to the sentencing guidelines.

It is so decided as per Disposition for the above reasons.

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