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(영문) 춘천지방법원 강릉지원 2015.09.10 2015고단687
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 3, 2015, the Defendant injured the victim E (24 years of age) in front of the “D” located in Gangnam-si C around 23:47 on June 3, 2015, by misunderstanding that the victim E (24 years of age) went out of his/her own female-friendly Gu, thereby causing injury to the victim, such as drinking 7 times a week, he/she was 4 times a day-to-day, his/her face of the victim, continuously taking off her head debt, and taking out approximately 3 weeks of her head debt.

2. On June 12, 2015, the Defendant appeared at the 377 Gangnam Police Station criminal charge and the 1st team office of the strong1 team as stated in paragraph (1), and made a statement, the Defendant was injured by the assistantF of the judicial police assistant who is investigating the instant case, and submitted the written diagnosis of false injury.

The contents of the false injury diagnosis report are as follows: (a) the date and place specified in paragraph (1) and (b) at the place specified in paragraph (1) and (c) for about two (2) weeks of medical treatment; and (b) the Defendant unilaterally suffered from crypitis E; and (c) there was no injury caused by cryp

Accordingly, the defendant, for the purpose of having E receive criminal punishment, did not know E.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The prosecutor's office and the police statement of E;

1. Each injury diagnosis letter (Defendant and E) [The evidence revealed that the defendant himself/herself suffered an injury from E in the course of interrogation of a police suspect, and submitted a false injury diagnosis letter with evidentiary materials. This constitutes voluntary reporting which constitutes an element of a crime of false accusation beyond a false statement in the process of interrogation by an investigative agency, etc., and constitutes voluntary reporting, which constitutes the element of a crime of false accusation] and the application of statutes

1. Relevant Article 257 (1) of the Criminal Act and Article 156 of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment with prison labor for each of them under Article 257 (1) of the Criminal Act;

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

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