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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On November 28, 2011, the Defendant: (a) committed a dispute with the victim E (the age of 54) in front of the D cafeteria located in Namyang-si, Namyang-si; (b) brought an injury to the victim; (c) was flicked when he was clicked with the victim; and (d) was boomed for approximately two weeks of treatment.
2. On November 29, 2011, the Defendant drafted a false complaint with respect to E at the Facstation of the Namyang-ju Police Station located in Namyang-si.
The accusation states that “Defendant E, at around 23:00 on November 28, 201, had her chest and her her son in the front of the D cafeteria located in Namyang-si, Namyang-si, Nam-si, Ma, who was punished.” The facts that “E did not have any fact that there was a suspect’s chest and her son.”
Nevertheless, on November 29, 201, the Defendant submitted the above written complaint to the Assistant G at the Facstation of the Namyang-gu Police Station in the Gyeonggi-do Police Station.
In this respect, the defendant was arrested for the purpose of having E receive criminal punishment.
Summary of Evidence
1. Legal statement of witness E, H and I;
1. Police officers and suspects of suspect examinations of E;
1. The prosecutor's statement concerning H;
1. A medical certificate of injury, or photograph;
1. A criminal investigation report (H statements);
1. 112. List of reported cases;
1. Complaints (A) and police statements (victims) against A;
1. Application of Acts and subordinate statutes on damage situations;
1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, Article 156 of the Criminal Act, Article 257 (1) of the Criminal Act and the choice of imprisonment, respectively;
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;
1. Determination of the defendant and defense counsel's assertion under Article 62-2 of the Criminal Act of the community service order
1. The Defendant asserts to the effect that the reported fact does not constitute a crime of false accusation merely exaggeration the circumstances, where E was involved in indecent act by force by force by force, with his chest and her chest.
In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court, the Defendant’s complaint of this case is merely a mere fact.