A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On August 29, 2016, the Defendant made and submitted a complaint to the Criminal Department of the Incheon Police Station located in Seocheon-si on August 28, 2016 to the effect that he was aware of E, a defective owner of the business, who visited D Kapet, located in Seocheon-si, Seocheon-si, and tried to make alcohol more, and that he was not aware of E, a defective owner of the business.

However, at the time, the defendant thought that he was fluored by the defendant, who was a guest, and filed a complaint with the above contents, and there was no fact that E was fluoring the defendant's shoulder or fluoring it.

In this respect, the defendant was arrested for the purpose of having E receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. Investigation reports and investigation reports (reports on the oral statements made by shots F).

1. A complaint;

1. CCTV video-recording CDs;

1. Application of statutes on site photographs;

1. Article 156 of the Criminal Act applicable to the crimes and Article 156 of the Election of Imprisonment;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to be legally mitigated;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The scope of recommendation types [the scope of recommendation types] according to the sentencing guidelines, types 1 (General Dismissal] (one month to one year) and mitigation areas (special mitigation persons], self-denunciation and confessions;

3. The sentence shall be determined as ordered by taking into account the following conditions of sentencing, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime.

Considering the background, contents, reason, etc. of the crime without any reason, the confession from the investigation stage to the fact that the nature of the crime is poor, and there is no record of the crime.