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(영문) 서울남부지방법원 2016.10.19 2016고단3403
무고
Text

A defendant shall be punished by imprisonment for not less than five 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 July 2013, the Defendant, at the office of Guro-gu Seoul Metropolitan Government D Prize No. 301, had no alteration of a promissory note by F, the actual representative of the above company, and had expressed his mind that “I would like to listen to the word “I would like to know F by the due date of a bill issued by F (number G, par value G, KRW 69,300,000, and due date July 18, 2013).” However, I would like to listen to the word “I would like to file a complaint with the alteration of a bill stating the amount of money at will.”

Accordingly, around July 26, 2013, the Defendant submitted a false complaint to police officers who visited the Seoul Geumcheon Police Station located in 1435, Seoul Special Metropolitan City, Seoul Special Metropolitan City, with the Southern-ro Southern-ro, Seoul Special Metropolitan City, to the effect that “F arbitrarily stated the amount and date on the bill, and thus punished.”

Accordingly, the defendant raised FF with the aim of having F punished criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 156 of the Criminal Act applicable to the crimes;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] Article 62(1) of the Suspension of Execution Act where consent is obtained from a person who intends to be subject to mitigation area (one month to one year) [special mitigation person] [decision of sentence] the nature of the crime that obstructs the judicial action of the State is not good. However, prior to the crime of this case, prior to the crime of this case, the punishment is determined by comprehensively taking into account the following factors: (a) the fact that there was no record of punishment prior to the crime of this case, the relationship between the defendant

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