Text
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
피고인은 2010. 8. 9. 23:00경 제주시 B에 있는 제주동부경찰서 C지구대에서 위 지구대 소속 사법경찰관리 경장 D에게 E에 대한 허위 내용의 고소를 구술로 하였고, 그에 따라 위 사법경찰관리는 “2010. 8. 9. 21:00경 제주시 B에 있는 F모텔 앞 도로에서 지나가는 택시를 잡았는데 그 택시의 운전기사인 피고소인 E이 운전석 창문을 열고 욕을 하며 주먹으로 고소인의 얼굴을 1회 때리고, 택시에서 내려 넘어진 고소인의 가슴을 발로 2회 걷어찼으니 처벌해 달라”는 내용의 진술조서를 작성하였다.
However, not only did they assault the defendant at that time, but also did not have any record of having taken the police from the taxi before the misunderstanding of the error.
Nevertheless, the Defendant made a false oral accusation for the purpose of having E receive criminal punishment as above, and made a false accusation for E, and made a false accusation for E.
Summary of Evidence
1. Defendant's legal statement;
1. suspect interrogation protocol of prosecution E and police suspect interrogation protocol;
1. Statement made to A by the police;
1. A written statement of the G production;
1. Application of the Acts and subordinate statutes of the 112 Table of Receipt and Handling of Criminal Reports (general), investigation reports (Hearing of statements by reference witness H), investigation reports (Hearing of statements by telephone, etc.), and 112 reports;
1. Article 156 of the Criminal Act and Article 156 of the same Act concerning criminal facts and the choice of fines;
1. Articles 157, 153, and 55 (1) 6 (Confession) of the Criminal Act, which are statutory mitigation;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The circumstances that are favorable to the determination of the sentence as ordered by the court, considering the following circumstances as the reasons for sentencing of Article 334(1) of the Criminal Procedure Act: The recognition of and reflects on the facts of the crime, the fact that the person against whom the crime was committed has not been prosecuted due to the defendant's non-determination (the prosecutor's investigation recognizes the fact of non-prosecution in the prosecutor's investigation), and the circumstances that the person against whom the crime was committed does not want criminal punishment against the defendant: