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(영문) 제주지방법원 2014.09.19 2014고단797
무고
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On March 31, 2010, the Defendant sentenced the Daegu District Court to two years and six months of imprisonment with prison labor for the obstruction of performance of official duties, etc., and completed the execution of the sentence on April 12, 2012.

On February 4, 2014, the Defendant: (a) prepared a complaint with the purport that “AJ, K, AL, and AM, the Defendant committed a collective assault on the ground that he/she interfered with funeral services from AI and four customers (AJ, AK, AL, and AM, which would be punished.” (b) submitted the complaint to the police officer in charge of the lack of his/her name to the effect that “AJ, AK, AL, and AM, the Defendant committed a collective assault at the J K practice room around January 19, 2014; and (c) drafted a supplementary statement to the same effect.”

However, the facts are as follows: (a) the defendant was found in the above singing practice room at the above time and was removed from the above AJ, and he was the customer, and (b) the defendant was able to flick the bridge of the AJ, cut over the floor, cut off the bridge of the AJ with the electric line of the road, and cut off the AJ's bridge on the floor, and read the "to leave the business place" on the floor, and (c) the above AJ was about to break out from the defendant; (d) the above AK was set up outside the above AK and removed from the defendant; (e) the above AL and AM did not take any action; and (e) the above AI tried to cut the electric power line on the bridge of the AJ; and (e) the defendant did not have been subject to violence against the above 4 other than the above AJ group.

Accordingly, the defendant raised the above AI and four other persons with the aim of having criminal punishment imposed.

Summary of Evidence

1. A copy of the statement;

1. Each police interrogation protocol on AI, AJ, AK, AM, and AL;

1. Previous convictions in judgment: Application of criminal records and investigation reports (verification of the progress of public trial and attachment of judgment of the court of first instance, etc.);

1. Article 156 of the Criminal Act as to the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

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