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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. Around 14:40 on December 18, 2015, the Defendant assaulted the victim by spiting the victim’s face at one time on the face of the victim while making a dispute with the victim E (the age of 49) where appraisal related to the election of the head of the association is not good, at a street parking lot behind the office of the D Association Central Branch in Dongdaemun-gu Seoul Metropolitan Government.
2. The Defendant, as described in the above Paragraph 1., had the victim undergo a police investigation as the date of assaulting the victim, and the Defendant had the victim undergo a false accusation against the victim E.
At around 20:30 on the same day as the above paragraph (1) above, the Defendant, at the Seoul East-gu Police Station located in Dongdaemun-gu Seoul, Dongdaemun-gu 21-gil 29, prepared and received a false complaint against the victim by using a test color pen to obtain criminal punishment against the victim.
On December 18, 2015, the complaint was filed by the Defendant E, “A, the Defendant, following the office of the D Association Central Branch, was sexually punished because he/she received the head of the complainant due to his/her head while he/she was in a dispute with the complainant at the street parking lot.” However, the Defendant did not have received the head from the victim.
The Defendant submitted a complaint stating such false facts to the contrary and brought an accusation against the victim.
Summary of Evidence
1. Each legal statement of witness E and F;
1. Photographs of the suspect E (in case where the body of liquid seen to be invaded is asked);
1. A complaint;
1. Application of the Acts and subordinate statutes on mobile phone recording files submitted by suspect E;
1. Relevant Article 260(1) of the Criminal Act, Article 156 of the Criminal Act and Article 260 of the Criminal Act, the choice of punishment for the crime
1. From among concurrent crimes, the first category [the scope of recommending a person] and the basic area (six months to two years) [the scope of general matters] of crimes (the scope of recommending a person] and the second category [the scope of recommending a person] and the second category [the scope of recommending a person] of crimes under Article 37, Article 38(1)2 and Article 50 of the Criminal Act.