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(영문) 광주지방법원 순천지원 2016.12.07 2016고단1119
무고등
Text

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 13, 2016, the injured Defendant was faced with the victim’s face as an apartment resident D (the age of 64) due to waste separation and removal problems while serving as a security guard at the net apartment guard room in the c apartment guard around 08:40 minutes on March 13, 2016.

As a result, the defendant suffered from the victim for about three weeks of medical treatment, such as the entrance fee and the entrance fee, etc.

2. On March 23, 2016, the Defendant filed a complaint with the Net Police Station around 14:00 on March 12, 2016, on the following grounds: (a) the Defendant was investigated into the above case of injury to D; and (b) the Defendant’s act and his/her father were boomed into the above apartment guard room; and (c) the Defendant filed a complaint with the effect that the Defendant would be punished.

However, at around 13:30 on March 11, 2016, the Defendant had a dispute over the above D and garbage separation and removal, and had a dispute over it again with E and F, which was found in the guard room, in order to resist it, and there was only a dispute over it again with E and F, which was the fraudulent act of D, and his/her father, on March 11, 2016 and March 12, 2016, and there was no fact that he/she was assaulted by E and F, or by E and F.

In this respect, the defendant was arrested for the purpose of having E and F receive criminal punishment.

Summary of Evidence

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

1. Partial statement of the defendant;

1. Statement of statement to D or I by the police;

1. Complaints of the accused;

1. Photographs of the face of a DNA;

1. A copy of an injury diagnosis letter;

1. A certificate of hospitalized treatment and a medical certificate;

1. Application of Acts and subordinate statutes to each investigation report (the details of the report and withdrawal, hearing of police officers' telephone calls and statements, and attaching A, etc. of medical records);

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, Article 156 of the Criminal Act, Article 257 (1) of the Criminal Act and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. The defendant and the defendant under Article 62-2 of the Criminal Act of the community service order.

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