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(영문) 서울중앙지방법원 2014.08.26 2013고정6821

상해등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around 12:00 on September 12, 2013, the Defendant continued to engage in a dispute between the victim C (n, 61 years of age) and D organization meetings at the sixth floor conference room of the Gwanak-gu, Seoul Special Metropolitan City, Seocheon-dong 1570-1. After the victim made a declaration of the meeting, the victim got out of the meeting place, and the victim got out of the meeting place, and the victim got off the part of the victim's arm's length and the part of the victim's arm's length, etc., and put about about two weeks on the right side of the victim in need of treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, E, and F;

1. A written diagnosis of injury (the fourth pages of investigation records);

1. Application of the Act and subordinate statutes, such as a photograph of the C (Investigation Record No. 14 pages) to the complainant;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. On October 18, 2013, at the Seoul Gwanak-gu Seoul Special Metropolitan City Gwanak-dong 1695-5, the Defendant: (a) prepared a complaint stating that, around 15:00 on October 18, 2013, the Defendant filed a complaint with the Seoul Seocheon-dong 1695-5, and the Defendant filed the complaint with the Defendant C, stating that, around 12:30 on September 12, 2013, the Defendant filed a complaint with the sixth floor sub-committee of the Gwanak-gu Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, and submitted it to the police officer in charge of receipt of the complaint with the nameless merchant at the 6th floor of the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, who was 145.

However, there is no fact that C had inflicted an injury upon the defendant with his knowledge.

Accordingly, the Defendant filed a false accusation with C for the purpose of having C punished criminal punishment.

2. The crime of false accusation is established when the reported fact goes against objective truth with the intention of having another person subject to criminal punishment or disciplinary disposition, and the reported fact is objective.