1. The defendant shall be punished by imprisonment with prison labor for four months;

2. However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

Punishment of the crime

피고인은 2015. 9. 22. 서울 은평구 B, C 호에 있는 피고인의 집에서, “2012. 9. 24. 05:00 경 서울은 평 경찰서 D 지구대에 근무하던 뚱뚱 한 경찰관 (E 경찰관을 지칭) 인 피고소인이 112 신고를 받고 출동한 후, 아무런 이유 없이 고소인을 파출소로 연행하려고 하는 과정에서 피고 소인이 고소인을 순찰차에 강제로 태우려고 고소인의 등을 밀어 순찰차 뒷문 모서리에 손목 등을 긁히게 하여 고소인의 왼손 손목 부위에 7cm 의 찰과상을 가하였으니 처벌해 달라.” 는 취지의 내용의 고소장을 작성한 다음, 같은 날 대검찰청 당직 실에 위 고소장을 제출하였다.

However, the facts revealed that the defendant was under the influence of alcohol and it was impossible for him to sleep the defendant, and the defendant Eul police officer, etc., who was the defendant's lawsuit belonging to the aforementioned D D D D D DD, was aboard the defendant's own seat, and thereafter, the police officer, etc., was resisted to the police officer within the D D D D D D zone and the above situation occurred. Thus, the above defendant's lawsuit did not inflict any injury on the defendant by force on the patrol team.

Accordingly, the defendant made a false accusation against E for the purpose of having criminal punishment imposed upon him.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Copy of the police interrogation protocol regarding E;

1. Copies of the police statements made to F and G;

1. Investigation report (related to the details of requests for disclosure of information by the complainant) and request for disclosure of information;

1. Entry in a complaint and the application of the existing Acts and subordinate statutes;

1. Article 156 of the Criminal Act applicable to the facts constituting an offense and Article 156 of the choice of punishment;

2. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., circumstances in which the following sentencing is favorable).

1. The basic area (six months to two years) (any person who is subject to special sentencing) of the sentencing guidelines shall be classified into one category (the scope of the recommended punishment);

1. At the time of the defendant;