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(영문) 서울남부지방법원 2013.10.10 2013고단2326
무고등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. On December 15, 2012, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) is an empty death, which is a dangerous object that the Defendant, while drinking alcohol together with the Defendant, including the Victim F (hereinafter referred to as “E”) at a restaurant called “E” located in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Yangyang-gu, for the reason that the Defendant did not drink alcohol and was discarded into a garbage tank, and the Defendant was in danger of being on the next customer.

In line with the body of the victim, the victim was faced with sick and her face, resulting in the victim's injury to tear, which requires approximately three weeks of treatment.

2. On June 14, 2013, the Defendant drafted a false complaint against F with the intent of having F obtain criminal punishment from the Defendant’s house located in Guro-gu Seoul Metropolitan Government, with the aim of having F obtain criminal punishment.

The complaint states that "The complainant of December 15, 2012, submitted a complaint stating that "in the process of soliciting that the complainant would be the defendant F, the defendant who is the defendant, and the bottom part of the disease is teared by the snow below the defendant's body, although the bones of the defendant's body was not cut off, the complainant was faced with the face of the defendant's body to the defendant's body and the defendant submitted a complaint stating that "the bones was cut by the defendant's body and the body of the defendant's body was cut down, and that the defendant's body was teared" or that "the defendant's body was dead."

In addition, there was a fact that the victim's face was displayed towards Byung and the victim's face was inflicted with injury that could tear the bones of the bones and the bottom of the eye that requires approximately three weeks of treatment.

Nevertheless, on June 14, 2013, the Defendant submitted the above written complaint to the public official in charge at the Seoul Southern District Public Prosecutor's Office's Office located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, to the public official in charge.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. A written diagnosis of injury;

1. Duplicative photo;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant legal principles concerning facts constituting an offense - The point of being carried with a deadly weapon:

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