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(영문) 창원지방법원 2013.08.27 2012고정1192

무고등

Text

1. The defendant shall be punished by a fine of two million won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On December 28, 201, the Defendant interfered with his duties: (a) around 12:20 on December 28, 201, in the “E” restaurant operated by the victim D (year 42) of the victim D (year ) in Kimhae-si; (b) returned to the restaurant inside the restaurant on the ground that the victim was not fully reimbursed the construction cost of the above restaurant, 60 million won; and (c) the Defendant interfered with the victim’s above restaurant business by raising the disturbance, such as “pathr with the remainder of the restaurant, and the voice of the spawn with the head of the spawn, and the head of the spawn s

2. On December 29, 201, the Defendant drafted a false complaint against D at the Buddhist land.

A written complaint states, "The defendant defendant D, around 12:30 on December 28, 201, lent money to the "Ecafeteria" located in Kimhae-si C on several occasions, and the defendant's arms were punished for three weeks by using violence, and the defendant's arms were punished." In fact D was carried out outside of the restaurant by leaving the defendant's, etc., but there was no fact that the defendant's chest was put on the part of the restaurant or the defendant's arms were put on the part of the restaurant or the defendant's arms were used for violence.

Nevertheless, the defendant submitted a written complaint to the police officer who is unable to know his/her name in the Jinju Police Station civil petition office in the Jinju Police Station in the same day.

In this respect, the defendant was arrested for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Statement of examination of the witness in relation to D of this court;

1. The first police interrogation protocol against the accused;

1. Examination protocol of police suspect regarding D;

1. The police statement of the defendant;

1. Each complaint;

1. CCTV screen CDs, investigation reports (CCTV perusal and analysis), and investigation reports (Attachment to the closure ofCCTV image data) at the site of the case;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, Article 156 of the Criminal Act, Article 314 (1) of the Criminal Act, and the choice of fines;

2. Aggravation;