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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On October 24, 2013, the Defendant drafted a false complaint with respect to E with the external third village of E, and the Asan Police Station prepared a false complaint with respect to E.
The accusation statement states, “E, although it does not have been entrusted with respect to the transfer of the lien related to D, entered “A” and resident registration number in the transferor column of “A” and “A” and submitted it to M who is aware of the fact,” and the above accusation statement was submitted to A, despite the fact that E was entrusted by the Defendant, even though it was the execution of the lien acquisition contract, the above accusation statement was submitted to an employee in the name of the Busan Police Station.
In this respect, the defendant committed a false accusation for the purpose of having E receive criminal punishment.
Summary of Evidence
1. Each legal statement of witness E and M;
1. A complaint;
1. Application of Acts and subordinate statutes on statement made to A;
1. Relevant Articles of the Criminal Act and the reasons for sentencing. Article 156 (Selection of Imprisonment) of the Criminal Act;
1. The basic area (six months to two years) of the sentencing criteria [the scope of recommendations] and the basic area (six months to two years) of the sentencing criteria;
2. In light of the circumstances leading up to the instant sentence: (a) the Defendant’s refusal of the commission of a crime; (b) the suffering that the Defendant would incur, etc., due to the denial of the commission of the crime, a strict punishment is inevitable for the Defendant.
However, in full view of the fact that the defendant has no same power and has no excessive power of fines and other various circumstances, such as the age, character, conduct, career, and environment of the defendant as shown in the argument of this case, the punishment as ordered shall be determined