2013 Highest 5155 Highest 40

A

The former citizens (prosecutions) and Kim hee-young (public trial)

Attorney B

May 1, 2014

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive, and the defendant shall be ordered to provide community service for 80 hours.

Criminal facts

On June 17, 2013, the Defendant filed a complaint with the Eastern Police Station located in Suwon-dong, Busan, 158-1, stating that “A”, “A”, “D, E”, and “E, the Defendant, from May 8, 2012, is the owner of C, without any permission and approval, against A, who is a family council or complainant, and without permission, cut off soil and stones without permission to cut it to a private site and cut off them to a private site, thereby severely punishing the unfair profits.”

However, on February 2012, the Defendant awarded a contract from C for the construction of a new factory for the G and ten parcels outside the Gyeongnam-si, Changwon-si, and subcontracted its factory foundation and road entry construction among them to E. On April 2012, the Defendant ordered E to cut the mountain dumna for the construction of the base of the F forest outside the boundary of the construction area, despite the fact that the Defendant ordered E to cut the mountain dumna for the construction of the base of the F forest outside the boundary of the construction area, the Defendant submitted a false complaint.

Accordingly, the defendant was dismissed for the purpose of having E criminal punishment.

Summary of Evidence

1. Each legal statement of witness E and H;

1. Examination protocol of suspect E by the prosecution;

1. A copy of the work site on May 2012;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 156 of the Criminal Act, Selection of Imprisonment

1. Suspension of execution;

Article 62(1) of the Criminal Act (Consideration to the defendant, although it is not enough to repent, considering the circumstances leading to the crime of this case and the fact that there is no record of punishment for suspension of qualifications or more)

1. Social service order;

Article 62-2 of the Criminal Act

It is so decided as per Disposition for the above reasons.

Judges Cho Jae-chul