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

On December 2012, the Defendant came to have a sex relationship by mutual agreement from a motor vehicle B around the beginning of December 2012, when he was in the same workplace with B.

On February 2, 2013, the Defendant got rape from B in order to capture crisis when the Defendant, who caused the Defendant to commit the act of the Defendant, was forced to commit rape from B. On February 2013, 2013, the Defendant had tried to file a complaint in order to see that the Defendant’s act was true.

On February 21, 2013, the Defendant: (a) prepared a complaint with the civil petition office of the Namwon Police Station in the Namwon-si, Namwon-si; (b) submitted it to a police officer under the name of the civil petition office; and (c) submitted it to a police officer under the name of the civil petition; and (d) made a statement to a slope C as if he raped the Defendant at the same police station investigation and statement recording room at around 10:30-12:00 on the same day; and (b) made a statement to a slope C as if he raped the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Second prosecutor's examination protocol concerning B;

1. The Defendant’s statement of the police on February 21, 2013

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

1. Article 156 of the Criminal Act applicable to the crimes and Article 156 of the Election of Imprisonment;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of punishment by sentence: Imprisonment for not more than five years;

2. Scope of sentences recommended on the sentencing guidelines [type of crime]less crimes, Type 1 (General Non-senscence], self-denunciation confession [Determination of the scope of sentences] mitigated area (no more than one year of imprisonment];

3. Determination of sentence: The crime of false accusation for four months in imprisonment and a stay of execution for one year is a crime which impairs the proper trial function of the State’s penal authority and imposes a risk of illegal criminal punishment on the person under consideration, and thus is highly likely to be criticized; or