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(영문) 부산지방법원 2013.08.22 2013고정1442
무고등
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 24, 2012, the Defendant was sentenced to a suspended sentence of two years for one year by imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Ulsan District Court on the Aggravated Punishment, etc. of Specific Crimes, and the judgment became final and conclusive on September 1, 2012.

1. Around 16:00 on April 28, 2012, the Defendant entering the building was at the “E” office for the victim D’s operation located in Busan YG C, and the Defendant, who is aware of the fact, opened a entrance gate and opened it to the said office.

Accordingly, the defendant intruded on the building managed by others.

2. On June 3, 2012, the Defendant: (a) at G office located in F in Busan Metropolitan Government F, the Defendant threatened the Defendant with sticked in F in front of Busan Metropolitan Government F on June 14:50, 201 with a black pen on the paper A4; (b) around June 14:50, 2012; and (c) at the seat of F in Busan Metropolitan Government, the Defendant suffered an injury in need of medical treatment for 14 days.

§ 2012, after preparing a complaint to the effect that the

6.3. At around 09:40, the office of the Busan District Prosecutors' Office located in the Doodong-gu Busan was submitted to the employee in charge of the name in the office of the watchkeeping.

However, at the time of fact, D did not have any fact that he was able to raise the defendant's seat by his hand.

As a result, the defendant submitted a false statement of complaint to D for the purpose of having D punished criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. The police statement of H;

1. Copy of each prosecutor's statement against the defendant;

1. Copy of the complaint;

1. Previous records: Criminal records and other inquiries, investigation reports (Attachment of a certified copy of a judgment), application of the Acts and subordinate statutes on case search;

1. Relevant provisions of the Criminal Act and Articles 319 (1) and 156 of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Articles 70 and 69(2)1 of the Criminal Act for the detention of a workhouse;

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