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Defendant
B A person shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
The criminal facts (defendant B), A, and D are FJ dong, located in Asan City E, and the defendant and A assaulted D at HPC bank located in Asan City on May 2010, and D filed a complaint with the Asan Police Station on August 30, 2010.
Around September 2010, the Defendant: (a) had the intent to file a complaint against D as a crime of defamation; (b) had the Defendant’s office written a false complaint with respect to D, stating “the Defendant’s Defendant’s address is not going against another student’s desire; and (c) had the police officer’s name known at the public service center of the Busan Police Station on September 20, 2010; (d) had been present at the Asan Police Station as a witness of the offense against defamation; and (e) had an investigation on the supplement of the complaint with D, upon receipt of the statement from the Defendant’s office, the Defendant and A expressed that “D will have damaged the Defendant and A’s reputation by talking that the Defendant and A her talks about his or her clothes and talks about the game that the Defendant and A her talks about, and talks about, such as talking about, the Defendant.”
However, the fact that D did not talk to J and K as above about the defendant.
The defendant brought a false accusation against D with the aim of having D receive criminal punishment.
Summary of Evidence
1. Statements made by D and J in the second trial records;
1. Statement of K in the third protocol of the trial;
1. Copy of the complaint (Evidence No. 2), the police statement against the defendant (Evidence No. 3);
1. Examination protocol of a police suspect against D (Evidence Nos. 35);
1. The application of Acts and subordinate statutes to the police statement on D (Evidence List 14);
1. Article 156 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;
1. Article 62 (1) of the Criminal Act;
1. The evidence and the defendant incurred prior to the determination of the defendant B and the defense counsel's assertion under Article 62-2 of the Criminal Code of the Social Service Order.