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(영문) 대구지방법원 경주지원 2016.05.11 2015고단886
무고
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On February 2, 2015, the Defendant had E Attorney-at-law prepare a false complaint with respect to F using a computer from the E-at-law office located in Daegu Suwon-gu D on February 2, 2015.

The written complaint states, "F, the defendant's tenant, forged a public certificate that shares of 1/4 of the ownership of a 4-story detached house located in Mapo-gu Seoul Metropolitan Government G in the defendant's tenant, and testified as if he/she was a document duly formed while submitting it to the court on July 11, 2014, and thus punished as if he/she was a document duly formed." The fact was that the document was written with the defendant's own seal affixed at the H pharmacy operated by the defendant on January 12, 2007, and that F had no forgery of the above public certificate.

Nevertheless, on February 12, 2015, the defendant submitted a written complaint to employees who are not aware of their names in the public service offices of the Daegu District Public Prosecutor's Office branch office.

As a result, the defendant made F a false accusation for the purpose of having F punished criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by each prosecutor to I, J, and K;

1. Application of a complaint, a copy of notarial deed, a copy of the judgment, and a copy of the judgment statutes;

1. Article 156 of the Criminal Act applicable to the facts constituting an offense and Article 156 of the choice of punishment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences: Imprisonment for one month to ten years;

2. Application of the sentencing guidelines [the type of decision] false crimes, Type 1 [the scope of the recommended sentence] imprisonment with prison labor for six months to two years [the grounds for suspension of execution] - positive reasons: Social ties clearly, there is no criminal conviction or heavier for suspension of execution.

3. Determination of sentence: 10 months of imprisonment, and 2 years of suspended sentence are crimes that actively infringe on the criminal justice functions of the State, and the quality of such crimes is not easy because the crime is likely to be subject to unfair criminal punishment.

In addition, the respondent is against the defendant.

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