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(영문) 서울남부지방법원 2013.11.07 2013고단1296
무고
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On December 17, 2010, the Defendant was sentenced to eight months of imprisonment with prison labor for habitual fraud at the Changwon District Court, and completed the execution of the above punishment on July 12, 201. On September 21, 2012, the Changwon District Court sentenced one year and two months of imprisonment with prison labor for obstruction of performance of official duties, etc., and the above judgment became final and conclusive on September 24, 2012.

【Criminal Facts】

On April 3, 2012, the Defendant was prosecuted and tried at the Changwon District Prosecutors' Office on May 24, 2012 due to a crime that assaulted a police officer who was dispatched after having received a report on the re-employment at the D main points located at the window C of Changwon-si on April 3, 2012. On June 22, 2012, the Defendant: (a) around Changwon-si, Changwon-si; (b) around the Changwon-si, Changwon-si; (c) on the purpose of having the police officer take criminal measures; (d) on the ground that the police officer did not assault the Defendant; (d) “A, at the D main points located at the window C of Changwon-si, on April 3, 2012, at the D main points of Changwon-si; and (d) on the same day, prepared a police officer’s complaint with the police officer’s 20th of his/her port c, thereby punishing him/her to the same police officer.”

Summary of Evidence

1. A witness G or F’s legal statement;

1. Existing descriptions and descriptions of copies of the written complaint;

1. A copy of the investigation report (to hear statements of witnesses H and I telephone);

1. Investigation report (a summary of hearing of the J phone statement from a witness);

1. Previous records: Report on the result of confirmation before and after disposition, current status of confinement/taking by individual, investigation report (Attachment to a written judgment), written judgment, copy of confirmation report of convicts, copy of inquiry into confinement, copy of written judgment, and application of Acts and subordinate statutes;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. The crime is committed within the period of repeated crime for the reason of sentencing in the latter part of Article 37 and Article 39(1) of the Criminal Act, and obvious evidence.

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