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(영문) 서울서부지방법원 2013.10.30 2013고단2085
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. Around 02:40 on June 23, 2013, the Defendant violated the Punishment of Violences, etc. Act (Assaults, deadly weapons, etc.) committed an assault against the victim by putting the victim Da (the age of 49) to the employees of the above main point in Yongsan-gu Seoul, and putting him/her away from the victim, and putting him/her into the floor, putting him/her with beer disease, which is a dangerous object, and putting him/her down on the floor, and putting him/her down the above shoulderer disease, and putting him/her booming him/her with breath and her dumbbling him/her on his/her hand.

2. On June 24, 2013, the Defendant submitted a complaint to the public service center of the Yongsan Police Station in Yongsan-gu, Seoul on June 24, 2013, stating that “D is punished on the part of E main station located in Yongsan-gu, Seoul around 02:40 on June 23, 2013, and that “D is punished on the part of the complainant who consumes alcoholic beverages by drinking alcoholic beverages, etc. in a number of parts, such as side glass and side glass, etc., which require the complainant to take a four-day medical treatment.”

However, the facts are only the fact that the person was injured by the wound in Incheon on June 2013 while camping in early 2013, and there was no fact that the person was injured by the wound, etc. from the above temporary border D.

Nevertheless, the defendant submitted a false complaint with the above contents and rejected the above D.

Summary of Evidence

1. Defendant's legal statement;

1. Police and suspect examination protocol of the accused (including substitute part) by the prosecution;

1. Statement made by the police against D or F;

1. On-site photographs and damaged photographs;

1. Application of Acts and subordinate statutes to the head of a complaint, a medical certificate of injury, and withdrawal of a complaint;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 of the Criminal Act and Article 156 of the Criminal Act concerning the crime;

1. Mitigation of self-denunciation and mitigation of crimes under Articles 157, 153 and 55 (1) 3 of the Criminal Act (limited to the crimes of false accusation: Necessary mitigation due to the number of self-denunciation);

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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