beta
(영문) 인천지방법원 2015.01.22 2014고단8573

무고등

Text

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

Reasons

Punishment of the crime

1. On May 31, 2014, around 00:45, the Defendant injured the victim’s face from Datna toilet located in Seo-gu Incheon, Seo-gu, Incheon, for the reason that the victim E (24 years of age) would be bad, and sustained the victim’s face, taking care of the victim’s hand continuously going beyond the victim’s face, and taking care of the part of the drinking face, thereby causing injury to the victim, requiring approximately six weeks of treatment.

2. On June 10, 2014, the Defendant was at the Incheon Western Police Station located in the Seo-gu Incheon Seodong, Incheon, and around 01:00 on May 31, 2014, the Defendant was at the time room for drinking the E and snow from the toilets located in the D Age Club, and was at the time room for drinking the eth, and was at the first time pushed off the E’s face and body. Accordingly, the Defendant sustained an injury that requires approximately two weeks of treatment in consideration of the parts of the E’s face and body.

"After preparing a written complaint," the above written complaint was submitted to the police officer under the name of the police station.

However, in fact, the defendant did not have been subject to the above violence from E.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. A complaint;

1. A written diagnosis of injury (E);

1. Application of Acts and subordinate statutes of each investigation report;

1. Relevant Article 257(1) of the Criminal Act, Article 156 of the Criminal Act, and the choice of imprisonment with labor for the crime;

1. Confession and mitigation (as to the crime of false accusation) Articles 157, 153 and 55 (1) 3 of the Criminal Act;

1. Among concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is that the defendant is starting up and resisting to commit a crime, and that the confession was made to commit anless crime, etc., even though the conditions for sentencing favorable to the defendant and the degree of injury to the victim are significant, it is not agreed with the victim, and the crime committed without fault by the defendant is likely to cause confusion in judicial order and to nurture a sound victim.