A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[Criminal Power] On June 27, 2019, the Defendant was sentenced to eight months of imprisonment with prison labor for an injury at the Busan District Court, which became final and conclusive on September 11, 2019.

【Criminal Facts】

On July 19, 2017, the defendant submitted a false complaint to the public service center of the Busan Dong Police Station in Busan Dong-gu, Busan, and the defendant submitted a false complaint to B for the purpose of having criminal punishment imposed upon B, and made a supplementary statement in the investigation of the Busan Dong Police Station and the office of the economic 3 team office on the same day.

The substance of the statement in the complaint and the summary of the supplementary statement in the complaint were as follows: "Although the complainant (A) did not have any fact at around April 12, 2017 when the complainant (B) was the defendant (B), the defendant was punished because the complainant made a false accusation against the defendant for the purpose of having the complainant punished."

However, on April 12, 2017, the Defendant: (a) around 19:40 on April 12, 2017, while drinking alcohol together with drinking, the Defendant asked the Defendant that he may lend tobacco to the Defendant; (b) “B,” saying, “B,” and then, at the same time, had the face of the left face of B one time for drinking, caused injury to B, which requires approximately four weeks of medical treatment; and (c) the Defendant did not file a complaint on the above facts, and thus, the Defendant did not file a false complaint with the Defendant.

Accordingly, the defendant was arrested for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. A written diagnosis of injury;

1. Each complaint;

1. Investigation report (A's result of disposition of injury B and attachment of judgment);

1. Previous records of judgment: Criminal history records, a copy of judgment, and application of Acts and subordinate statutes of one copy of the auxiliary statement of agreement on case;

1. Article 156 of the Criminal Act applicable to the crimes and Article 156 of the Election of Imprisonment;

1. Article 157 of the Criminal Act for statutory mitigation;