Defendant

A In six months of imprisonment, Defendant B shall be punished by a fine of KRW 2,00,00, and Defendant C and D shall be punished by a fine of KRW 700,00.

Punishment of the crime

[Criminal Power] On July 6, 2016, Defendant A was sentenced to 10 months of imprisonment with prison labor for an injury and 2 years of suspended execution at the Seoul East Eastern District Court on July 6, 2016 and the judgment became final and conclusive on July 14, 2016.

[실제 사실관계] 피고인 B는 2015. 7. 17. 01:50경 서울특별시 강동구 E 101호에서 피고인 A로부터 수회 “노래방으로 놀러오라”는 전화를 받았음에도 이를 묵살한 채 피고인 C, D 등과 함께 술을 마시고 있었고, 위 같은 피고인 B의 태도에 화가 난 피고인 A가 일행(일명 ‘F’)과 함께 갑자기 위 101호로 쳐들어와 피고인 B 등이 놀던 방문을 열고 피고인 B를 때리려고 문 앞에 있던 선풍기를 집어 들자 피고인 B는 이를 피하기 위해 방바닥에 엎드렸고, 피고인 A는 일행이 선풍기를 빼앗자 방바닥에 엎드려 있는 피고인 B의 등 부위를 발로 3회 찼으며, 이를 본 일행이 피고인 A를 말리면서 밖으로 데리고 나간 사실이 있었다.

[Judgment of the court below] As above, Defendant A merely saw Defendant B, etc., which is a threat to Defendant B with a wind, and a fright to a fright, and did not go beyond Defendant B in light of Defendant B’s head and right hand, and the fright hand of Defendant B’s head and right hand, and there was no fact that Defendant B was damaged by frighting the left side of Defendant B.

However, Defendant B made a false accusation against Defendant A on September 11, 2015, on the following grounds: “A brought a false accusation against Defendant A, who assaulted Defendant A at the time of drinking, was indicted for a special injury by committing a crime of injury: “A was inflicted upon Defendant A’s head and right hand, blurging the left side, and flurging the wind with the wind of the wind.” Defendant B made a statement to the same effect at the prosecution; Defendant B made a statement to the same effect; Defendant B’s statement to the Seoul Eastern District Court on September 11, 2015.

(A) under the influence of alcohol, Defendant A who cannot memory at the time of the incident.