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(영문) 인천지방법원 2017.04.20 2016고단7454
무고등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a resident of Seo-gu Incheon Metropolitan City apartment house, and the victim D (50) is the head of the above apartment management office.

1. From around 10:50 on May 4, 2016 to 11:30 on the same day, the Defendant: (a) demanded that the victim of the above apartment management office affix a letter of confirmation to the effect that “it is replaced due to an issue with the previous electric measuring instruments used; (b) the head of the management office will take responsibility in the future; (c) although the victim requested that the victim be unable to comply with it; (d) the victim’s demand to keep his/her seal at large interest; and (d) the victim who intends to go against the management of the above apartment, and obstructed the management and supervision of the apartment for about 40 minutes by force, such as preventing the victim from leaving the office.

2. The Defendant damaged the property by cutting off and cutting off a cell phone case in an amount of KRW 9,900, the victim owned, in order to avoid any defect that the victim tried to report 112 on his/her cell phone at a time and place set forth in paragraph 1.

3. The Defendant, as described in paragraph (1) at the time and place of paragraph (1) and paragraph (1), was arrested by the police officer from the police officer who called out after receiving 112 a report, as an offender of the crime of interference with business, and was subject to assault against D.

It had been argued that false accusation was made.

On the same day, the defendant prepared a written complaint against D at the Incheon Western Police Station.

The complaint is that "the defendant D's son's son's son who requires confirmation seal and satisfe his son's son's son's son's son's son's son's son's son's son's son's son's son'

Nevertheless, the defendant submitted a written complaint to the police officer under the name of the Incheon Western Police Station around that time.

Accordingly, the defendant had D without the purpose of having D receive criminal punishment.

Summary of Evidence

Witness

E, F, and G respective legal statements

1. The trial records are in the second trial records; and

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