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(영문) 서울동부지방법원 2015.11.13 2015고단2415
상해등
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 April 15, 2015, around 15:30 on April 15, 2015, the injured Defendant suffered injury by the victim E (36 years of age) and the material return in D market facilities and offices located in Jung-gu Seoul Metropolitan Government, by taking the victim’s neck by hand from the victim’s knife with knife and knife, and caused the victim to face with knife and knife in the face of the victim, thereby causing injury to the victim.

2. Around May 26, 2015, the Defendant drafted a false complaint against E at the D market management office located in Jung-gu Seoul Metropolitan Government D market management office.

The complaint was the content that "A person who suffered an injury, such as salt, tensions, etc., in need of approximately two weeks of treatment because he/she was assaulted by E at the facilities and offices on the three floors in the D market located in Jung-gu Seoul Metropolitan Government on April 15, 2015."

However, there was a fact that the defendant, as a material return problem on April 15, 2015, caused E to go beyond the floor in light of E's wood, and caused E to suffer a necessary injury for about three weeks of treatment, and the defendant did not have been assaulted by E.

Nevertheless, at around 15:20 on May 27, 2015, the defendant submitted the above complaint to the assistant F in the criminal department and office of the Songpa Police Station located in Songpa-gu Seoul, Songpa-gu, 221.

As a result, the Defendant reported false facts to public offices for the purpose of having them punished.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each police statement concerning E and G;

1. Application of Acts and subordinate statutes to each chief of a complaint, each injury diagnosis report, emergency medical services log, and recording books;

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

1. Legal mitigations under Articles 157, 153, and 55 (1) 3 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Social services;

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