However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

On December 13, 2019, at around 09:00, the Defendant filed a complaint with the public service center of the Incheon Southern-dong Police Station located in 668, Namdong-gu, Incheon, Nam-gu, Incheon, and with respect to B, the Defendant filed a complaint with the purport that “B, the Defendant, was quasi-rapeed by a person who was drunkly drunk in the near the Michuhol-gu Incheon, Yan-gu, Incheon, on December 7, 2019.”

On the same day, the Defendant continued to make a statement at a female juvenile juvenile and office in the Incheon Southern Police Station, and made a statement to the victim, “Around December 7, 2019, the police officers affiliated with B drinking alcohol in a singing room and getting off the mind of drinking drinking, following the vehicle B and then lost the mind of drinking in a singing room, but the Defendant was in a her own sexual intercourse with B, who was discharged from all clothes.”

However, in fact, the Defendant had entered the guest room with B at his own will, and at the time, the Defendant did not lose his mind by drinking alcohol, and thus, B did not have raped the Defendant by using the status of the Defendant’s mental disorder or the state of failing to resist.

Nevertheless, around December 13, 2019, the Defendant submitted a written complaint to the public service center of the Incheonnam Police Station, stating such false facts, to the police officer belonging to the above police station, and made a false statement to the police officer on the same day.

Accordingly, the defendant was arrested for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Statement by the prosecution against C;

1. The police statement of the defendant;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Statutory mitigation (self-confluence) under Articles 157, 153, and 55 (1) 3 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The types of recommendations according to the sentencing criteria;