2012 Highest 9777, 2013 Highest 176, Highest 2013, Highest 2010

In violation of the Protection Act, perjury

A

The highest court (prosecutions) and the Yellow Jinia (public trial)

Attorney A (Korean National Assembly)

April 18, 2013

A defendant shall be punished by imprisonment for three years. The costs of trial shall be borne by the defendant.

Criminal facts

“2012 Highest 9777,”

On July 19, 1991, the Defendant provided ten tables, chairs, and cooking facilities on the 98.7 square meters below the underground of the building of the 4th floor in Busan, Seo-gu D, Busan, and operated a general restaurant with the trade name of "B after reporting the general restaurant business by the head of the Gu."

1. A violation of the Food Sanitation Act due to business suspension;

The defendant was subject to a disposition of business suspension from July 27, 2012 to September 24, 2012 by the head of the Gu, on the ground that he/she sold alcoholic beverages to juveniles.

Nevertheless, around 00:20 on August 29, 2012, the Defendant sold beer, etc. to juvenile C (17 years of age), etc. Around 23:30 on August 31, 2012, the Defendant sold beer, beer, beer, and beer, etc. to five persons, including E (23 years of age) around 20:30 on September 17, 2012. Accordingly, the Defendant operated business during the period of suspension of business.

2. Violation of the Food Sanitation Act due to business not reported;

The Defendant was subject to a disposition to close his/her place of business on October 5, 2012 by the head of the Gu, on the ground that he/she operated his/her business during the period of suspension.

Nevertheless, around 00:20 on October 7, 2012, the Defendant sold drinking water, etc. to approximately 40 guests whose name is unknown. On October 22:25, 2012, the Defendant sold drinking water, etc. to 7 juveniles, including F (F, 15 years of age), after receiving 20,000 won for 3 branches of small liquor and 1 disease, etc. on October 13, 2012. On October 21, 2012, the Defendant sold to G (n, 15 years of age) and beer to juveniles, etc., and on October 21, 2012, the Defendant sold to juvenile H (16 years of age) 4 oly and fly, etc. on October 23, 2012. On October 23, 2012, the Defendant sold to juvenile H (16 years of age), 17 years of age and 17 years of age.

Accordingly, the defendant operated general restaurants without reporting to the competent authorities.

3. Violation of the Juvenile Protection Act;

No one shall sell alcoholic beverages which are drugs harmful to juveniles to juveniles.

Nevertheless, around 00:20 on August 29, 2012, the Defendant sold beer to C(17 years of age), J(17 years of age), K(17 years of age) and so forth.

From that time until October 22, 2012, the Defendant sold alcoholic beverages to juveniles at least nine times in total, as shown in the list of crimes in attached Table, from that time until October 22, 2012.

4. An accusation;

(a) An accusation against L or M;

Around October 2, 2012, the Defendant drafted a false complaint on L and slope M in the lower part of the Busan High Police Station at the Defendant’s residence located in Seo-gu, Busan High Police Station. At the time of the crackdown on June 16, 2012, the Defendant prepared a false report on the regulation of amusement businesses affecting the public morals by adding O to a juvenile even if the juvenile was not N and was not N and thus punished, the Defendant was 00 degrees off the site at the time of the crackdown and received a false report on the regulation of amusement businesses affecting the public morals, as it was confirmed that the juvenile was a juvenile and did not prepare a false report on the regulation of business places.

Nevertheless, around October 2, 2012, the Defendant submitted the above false complaint to the police officer who is unable to know his name at the public service center of the private police station located in Busan Seo-gu P, Busan.

Accordingly, the defendant had Qand M with the aim of having Q and M receive criminal punishment.

(b) an accusation against R, S, T, or U;

Around October 4, 2012, the Defendant drafted a false complaint with respect to R, slope S, slope T, and Gyeong-ju U belonging to the lower court of the Busan High Police Station at the Defendant’s residence located in Busan High-gu, Busan High-gu. The complaint was prepared on October 1, 2012, stating that “A false report on the regulation of the amusement businesses affecting the public morals was prepared to punish customers who did not drink the alcohol, after he was subject to anti-intiencing behavior, and was carried out by the person who was the person who was the person who was doing so, etc., who was 17 years old at the scene at the time of crackdown, and was confirmed to be a juvenile in the process of crackdown, but did not have prepared a false report on the regulation of the amusement business place.”

Nevertheless, around October 4, 2012, the Defendant submitted a false complaint to a police officer who is unable to know his/her name at the public service center of the police station located in the Busan Seo-gu, Busan, and submitted the above false complaint to the police officer.

Accordingly, the defendant had the purpose of having R, S, T, and U receive criminal punishment.

On October 4, 2012, the Defendant drafted a false complaint with respect to AA and B with respect to the lower part of the Busan High Police Station at the Defendant’s residence located in the Busan High Military Police Station located in B, and with respect to AA and slope AB. The complaint was prepared on October 2, 2012, stating that “A et al., around October 2, 2012, sent down a false report on the control of the amusement business affecting the public morals that he/she would drink to the customers who did not drink and drink the alcoholic beverages, and sold the alcoholic beverages after receiving the person who did not drink the alcoholic beverages,” and that “AC, AD, and AE, who was 15 years of age at the time of control, had a letter of drinking, was confirmed to be a juvenile and did not prepare a false public morals report.”

Nevertheless, around October 4, 2012, the Defendant submitted a false complaint to a police officer who is unable to know his/her name at the public service center of the police station located in the Busan Seo-gu, Busan, and submitted the above false complaint to the police officer.

In this respect, the defendant made a false accusation against AA and AB for the purpose of criminal punishment.

(d) An appeal against slope AG and Senior AI;

Around October 18, 2012, the Defendant drafted a false complaint with respect to the Defendant’s residence located in Busan Seo-gu, Busan, on the part of the Defendant, on the part of the Busan Jindo Police Station’s living safety department and the Busan Jindo Police Station’s slope AG and Gyeong-gu AI. The complaint was prepared on September 26, 2012 with a false report on the control of the slope AG et al. on the part of the customers who did not drink the alcohol, and who did not drink and drink the alcohol, and subsequently sold the alcohol. As such, the complaint was prepared on the part of the Defendant’s residence at the time of regulating the content and fact that “a request for punishment is made.” It was confirmed that the Defendant was a juvenile during the control process, and that it was a juvenile and did not have prepared a false report on the control of the place of business by means of fraud.

Nevertheless, around October 18, 2012, the Defendant submitted a false complaint to the police officer who is unable to know his/her name at the public service center of the He/sheri Police Station located in Busan Seo-gu, Busan, and submitted the above false complaint.

As a result, the defendant was not subject to criminal punishment against AG and AI. "2013 Highest 176,"

5. On November 15, 2011, the Defendant filed a summary order with the Busan District Court, and was tried as the Defendant in the instant case of bodily injury (hereinafter “instant case”). On October 23, 2011, the time of the instant case, the Defendant, even though the Defendant and the CA did not have CB at the place of punishment, was willing to request the CB, which was of strong friendship, to prove that the Defendant had observed the situation at the time.

On September 2012, the Defendant requested CB to the effect that “B” was present at the time when the Defendant was present at the lower court’s lower court’s lower court at the time, and that the testimony was made unilaterally by the CA at the time was presented to the effect that “B was present at the time.” On October 25, 2012, CB was willing to give false testimony regarding the instant case at the request of the Defendant, and on October 25, 2012, the Defendant appeared as a witness at the Busan District Court 352, located in Busan District Court at the Busan District Court 352, which was located in the Busan District Court’s Seo-gu, Busan District Court’s 16th judgment. In addition, CB was present at the time of

The testimony was made to the effect that A had been unilaterally made by the CA. Accordingly, the Defendant had the above CB make a false testimony, thereby instigating the perjury.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the accused in the first protocol of trial;

1. Each testimony of witness G, DA, W, X, AI, AC, S, M, and T;

1. Each statement of the witnessCC, CD, CE, D, E, CG, CH, H, CI, BA, BD, Q, BB, AC, AC, AD, AE, N, andO in the fifth trial record;

1. Examination protocol of suspect regarding CB by prosecution;

1. A report on detection (No. 1; hereinafter the same shall apply), a report on detection of business establishments violating the Juvenile Protection Act (No. 6 of the evidence list), a report on detection of business establishments violating the Juvenile Protection Act (No. 14, 18, 23, 30, 41, 54, and 63 of the evidence list), a report on detection of business establishments in violation of the Juvenile Protection Act (No. 103, 104, and 105 of the evidence list), a report on detection of business establishments in violation of the Act (No. 24 of the evidence list), a report on administrative disposition of business establishments in violation of the Food Sanitation Act (No.

1. Copies of each complaint;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 156 of the Criminal Code, Articles 152(1) and 31(1) of the Criminal Code (the occupation of a perjury teacher) of the Juvenile Protection Act, Articles 58 subparag. 3, 28(1) of the Juvenile Protection Act (the occupation of selling alcoholic beverages to each juvenile), Articles 97 subparag. 1 and 37(4) of the Food Sanitation Act (the occupation of each reported business), Articles 97 subparag. 7 and 75(1) of the Food Sanitation Act (the occupation of business during each period of suspension of business), each of the types of imprisonment options.

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Bearing litigation costs;

Article 186(1) of the Criminal Procedure Act

The grounds for judgment and sentencing on the defendant and his defense counsel's arguments

1. Judgment on the assertion

The defendant and his defense counsel denies all the facts charged regarding the case No. 2012 Highest977. However, according to the above evidence, the above part of the facts charged can be sufficiently recognized. Thus, the above argument is not accepted.

2. The reason for sentencing is in a position where the defendant is liable to support his family, the series of procedures in the instant case arose from the dispute with the police in charge of controlling the police and there are circumstances to take into account the situation. The sentencing factors unfavorable to the defendant, such as the fact that the disposition of business suspension or business closure for the place of business in the instant case was issued, the sale of alcoholic beverages again to the juveniles, the frequency of sale, the number of juveniles and the number of juveniles is high, the police in charge of hand control, and the fact that he instigated perjury to conceal the crime, shall be determined by taking into account the motive, means and result of the crime, the defendant's age, environment, criminal records, family relations, and the following circumstances.

It is so decided as per Disposition for the above reasons.

Judges Cho Jae-chul