However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

On July 1, 2016, the Defendant reported to the police officer in charge that he/she was subject to quasi-rape-rapeing from D, at the video recording room of the Dogjin Police Station’s 142 Do Government Medical Center’s 142, Jink-si, Seoul, reported to the police officer in charge on the same purport as above. On July 18, 2016, the Defendant reported to the police officer in charge at the video recording room of the Magjin Police Station’s statement located in Gwangjin-gu Seoul Special Metropolitan City.

The report was about July 1, 2016, to 03:30, 200, that "the defendant was forced to rape while drinking alcohol at D's house located in Seoul Gwangjin-gu, Seoul, and was not under the influence of alcohol to the extent that he lost his mind, and was sexual intercourse only under the agreement with D at the time, and was sexual assaulted.

Accordingly, the defendant made D's accusation for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The receipt number of the Seoul Minejin Police Station 2016-9706, each police statement protocol on the defendant and D;

1. Report on the receipt number of the Seoul Mine-gu Police Station No. 2016-9706 (related to the existence of suspected points), report on the result of internal investigation conducted by the Seoul Mine-gu Police Station No. 2016-9706, and report on the investigation (attached to the Seoul Mine-gu Police Station No. 2016-09706 and the statement);

1. Application of Acts and subordinate statutes to the message or record of E-mail;

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

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to be mitigated by law;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] Class 1 (General Accusation) [the person subject to special mitigation] in the mitigation area (one month to one year] [the decision of sentence], and confession [the decision of sentence] in the crime of this case where the defendant reported false facts to an investigative agency, thereby disturbing the State's criminal justice function, causing the defendant to be at risk of being subject to severe criminal punishment, and thus, the defendant needs to be punished for strict punishment.