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 of the final judgment.

Punishment of the crime

1. Around 09:50 on September 20, 2014, the Defendant: (a) around D hotel route in Gwangjin-gu Seoul Special Metropolitan City, the victim E (the age of 37) who was an employee of the said hotel, who was trying to start with an airport having a hotel customer aboard the said hotel vehicle, changed the vehicle to the Defendant as an exemplary taxi driver; (b) the Defendant changed the vehicle to a model taxi driver; and (c) caused the defect; and (d) the Defendant took part of the victim’s entry with the eavesst of the Defendant.

Accordingly, the defendant committed assault against the victim.

2. Around 12:50 on September 20, 2014, the Defendant was investigated as the suspect of the above assault case at the Seoul Mine Police Station and the 4 criminal team office located in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Gwangjin-dong). The Defendant prepared and submitted a false written complaint against E to the police officer F who is investigating the above case.

On September 20, 2014, around 10:00 on September 20, 2014, the complaint has been punished as a whole because E ju and E-math assaults are shaking from the access road front of the D hotel taxi platform.

‘The contents and facts of E did not assault the defendant.

In this respect, the defendant committed a false accusation for the purpose of having E receive criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, G and H;

1. A criminal complaint prepared by the defendant;

1. Application of statutes on photographs of damage;

1. Relevant Article 156 of the Criminal Act, Articles 156 and 260 (1) of the Criminal Act and the choice of imprisonment for a crime;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., minor violence degree, non-existence of suspicion of victim, and absence of criminal record after 195);

1. 사회봉사명령 형법 제62조의2 양형의 이유 양형기준에 의한 권고형량 제1범죄(무고) 무고범죄 > 제1유형(일반무고) > 기본영역(6월~2년) 제2범죄(폭력) 폭행범죄 > 제1유형(일반폭행) > 기본영역(2월~10월) ⇒...