A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On April 18, 2017, the Defendant prepared a false complaint with regard to E at the Support Center for Victims of Sexual Assaults in South-gu CD Hospital located in Nam-gu, Seoul at the port of port.

A written complaint contains the following facts: “Defendant E, a minor, has been raped on or around March 12, 2017 on two occasions, and thus punished otherwise.” The facts are as follows: (a) there was no fact that E had sexual intercourse with E around March 12, 2017; and (b) there was no fact that E had raped the Defendant.

Nevertheless, on April 18, 2017, through the Integrated Support Center for Victims of Sexual Violence, the Defendant submitted the above complaint to the police officers belonging to the police station located in the North Gyeong-do Port, and made a supplementary statement to the same effect.

In this respect, the defendant made a false accusation against E for the purpose of criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness E in the fifth public trial records;

1. Statement made by the police against the defendant;

1. Complaint;

1. A criminal investigation report (Attachment of telephone details between the complainant and the suspect), a criminal investigation report (verification accompanied by a record of the submission of suspect);

1. Application of Acts and subordinate statutes to the screen of the closure of text messages sent and received by the victim and the suspect, and to the contents of restored text messages;

1. Article 156 of the Criminal Act concerning the facts constituting the crime;

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] and the basic area (six months to two years) of the sentencing guidelines (the person who is subject to special sentencing];

2. The crime of non-determination of sentence is a crime that harms the nation's criminal justice function and causes a person who is in danger of being subject to unfair punishment. In particular, in the case of a sex crime under investigation based on the victim's statement, there is a need for strict punishment because it is more likely that the victim may suffer damage to the victim. In the case of this case, it is serious that there is considerable damage to the victim E.