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(영문) 수원지방법원 안양지원 2013.11.15 2013고단1083
상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Around 02:20 on June 3, 2013, the Defendant: (a) deemed that the victim D (the age of 48) who is a street cleaners, is operating a truck for cleaning and is working to remove wastes on the street in front of the Gu, and (b) under the influence of alcohol, the Defendant placed the victim with the victim “whether a person is seated at the seat of the vehicle,” “I am out of the front seat of the vehicle,” and the victim boomed the trial expenses, boomed the victim’s chest with the victim’s chest, and boomed the victim’s face by drinking the victim for about 14 days in consideration of the victim’s face.

2. On July 25, 2013, the Defendant drawn up a letter of complaint stating that “In spite of the absence of assault by the complainant, D, who is the Defendant, reported the complainant to the police as the crime of injury, and submitted the certificate of injury diagnosis, etc., and punished the complainant.”

However, there was no fact that D made a false report or statement because D had inflicted an injury upon D, which requires treatment for about two weeks, such as fasting of D's chest and taking the face of drinking.

Nevertheless, during the same day, the defendant submitted the above complaint to the public service center of the Suwon-dong Office in the Dongyang-dong 1593.

Accordingly, the defendant submitted a complaint stating false facts to D for the purpose of having D punished criminal punishment.

Summary of Evidence

[Case No. 1]

1. Witnesses D and E's respective legal statements;

1. A written diagnosis of injury (the fact of crime No. 2 in the market);

1. Legal statement of witness D;

1. Entry in a complaint and the application of the existing Acts and subordinate statutes;

1. Article 257 (1) of the Criminal Act and Article 156 of the Criminal Act concerning the crime;

1. Imprisonment with prison labor for choice of punishment;

1. Of concurrent crimes, the degree of injury inflicted on the victim for the reasons of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is not so severe, but efforts to recover damage are made at all.

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