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(영문) 창원지방법원 진주지원 2013.04.23 2013고단371
무고등
Text

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.

Reasons

Punishment of the crime

1. Around 01:00 on November 28, 2012, the injured Defendant, after drinking alcohol with the victim D (the age of 17) in front of the Southern Sea C, suffered bodily injury, such as a complete escape from the left-hand left-hand side of the treatment days, on the ground that the Defendant, after drinking alcohol with the victim D (the age of 17), had been in dispute with the victim for the reason that he said that he would be “Catch”.

2. On December 3, 2012, the Defendant: (a) submitted a complaint to the Innju Police Station around December 3, 2012, with the content that D had inflicted injury on the Defendant as stated in paragraph (1); and (b) did not have suffered any injury by walking from D as a consequence, he/she did not look at D as a crime of injury.

On January 25, 2013, the Defendant submitted a written complaint to the police officer of the South Sea Police Station located in the South-west Ocean of 179-1, South-west, South-west, South-west, South-west, South-west, to the effect that “In order to punish a police officer who is the Defendant, D, with a view to having D take a criminal punishment against him/her, for approximately two weeks of injuries, such as catum dump, etc., requiring to take a criminal punishment.”

However, the fact that D did not support the defendant from walking.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Examination protocol of police suspect regarding D;

1. Each police statement made to D and E;

1. A medical certificate and a written confirmation of hospitalization regarding D;

1. Application of Acts and subordinate statutes to the defendant's complaint;

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

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to be legally mitigated;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration, such as the agreed point, no criminal record, etc.);

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