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(영문) 의정부지방법원 2017.02.01 2015고단4278
무고
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 25, 2015, the Defendant drafted a false complaint with respect to F, which was used by the Defendant’s her her her her her her her her her her her her her her her her at the “Law Office C” located in the Hawon-gun, Gangwon-do and 28 pieces of land from March 25, 2011.

Around July 26, 2014, the above written complaint states that “A copy of the real estate lease contract in the name of the complainant was forged by arbitrarily sealing the seal of the complainant on the real estate lease contract in the name of the complainant, and submitted it to the Jung-gu District Court on January 2015, which would have been punished on or around January 2015,” and that “F prepared the above real estate lease contract with the consent of the defendant, and around July 22, 2014, the defendant directly sealed the seal of the defendant on the above contract, and there was no forgery by F.

Nevertheless, on March 25, 2015, the Defendant submitted the above complaint to the Government Public Prosecutor's Office case and the employee in charge at the office of the Speaker's local public prosecutor's office located in 23 Doo-ro 34.

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

Summary of Evidence

1. A protocol concerning the examination of suspect to partially examine the accused;

1. A protocol concerning the examination of suspect with respect to F (including part of the defendant's statement);

1. Statement made by the police against the defendant;

1. Each statement of G and H;

1. Each investigation report (a confirmation of repayment of the relevant lawsuit between the suspect and the complainant and attaching text messages submitted by the suspect F);

1. Application of Acts and subordinate statutes to the details of each real estate lease agreement, deed, each record, written estimate, written agreement, text message, and account transaction;

1. The relevant statutory provisions of the Criminal Act and Article 156 of the Criminal Act on the facts of crime [the scope of recommendation] The grounds for sentencing [the scope of punishment] No basic area (6 months to 2 years) (the person who is subject to special sentencing] (the sentencing decision] of the first type (the person who is subject to special sentencing] of the Criminal Act, is detrimental to the national criminal justice function.

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