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(영문) 울산지방법원 2020.11.18 2020고단3390
무고
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On November 21, 2014, the Defendant prepared a false complaint with respect to B using an official book by using an official approval color pen for the purpose of having B receive criminal punishment against B at a remote area below Ulsan.

The statement of the complaint was that "B, if you take over the D Singing Building in Ulsan-gu C, would induce 100 million won to carry out studal-sing funeral services on the five floor, by deceiving B from September 26, 2010 to October 5, 2010, it was the content that "the punishment is changed because B obtained KRW 100 million from September 26, 2010 to obtained it."

However, in fact, B did not have promised that the defendant would be able to engage in studsing funeral on the 5th floor of the above D Singing Building, and KRW 100 million delivered by the defendant to B was remitted to carry on the same business as B and health auxiliary food agencies.

Nevertheless, the Defendant received the above false accusation from the public service center of the Ulsan-gu Police Station, Ulsan-ro 25, Chungcheongnam-gu, Ulsan-do, 35-gil on the same day.

Accordingly, the Defendant reported false facts to public offices.

Summary of Evidence

1. Application of the Act and subordinate statutes to the police's protocol of interrogation of the defendant in relation to the defendant's legal statement (2 times, 205No912), a copy of the police's protocol of interrogation of the defendant in relation to the defendant, a copy of the investigation report of the defendant in relation to the defendant (additional statement of the complainant), a copy of the written statement of the defendant in relation to the whole registered matters (2015NoNo1907), a written judgment (2016No912), a copy of the recording of the recording file on May 1, 2016, and a copy of the recording

1. Relevant Article 156 of the Criminal Act and Article 156 of the Criminal Act concerning the facts constituting the crime, the reasons for sentencing choice of imprisonment;

1. Scope of punishment by law: One month to ten years;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] the scope of the recommendation punishment [Type 1] and the basic area of the punishment without a general accusation [the scope of the recommendation field and the scope of the recommendation punishment], six months to two years; and

3. Determination of sentence: Imprisonment with prison labor for a period of six months, and sentencing for the same accused.

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