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

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

Punishment of the crime

On June 9, 2017, the Defendant reported 112 at the convenience store C and 204 in Jin-si, Jin-si, 12:3 on June 9, 2017.

In fact, however, the Defendant was raped from D with D and became aware that D had another woman.

It was a false report, and there was no rape from D.

Nevertheless, the Defendant reported false facts to public offices for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police station against D;

1. Statement made by the police against the defendant;

1. Seizure records, etc.;

1. 각 내사보고( 기록 69 면 이하, 75 면 이하, 97 면 이하), 수사보고 ㅗ (112 신고 사건처리 표 첨부) 법령의 적용

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. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the grounds for sentencing [the scope of the recommended sentence] Class 1 of the mitigated area (one month to one year), [the person who has been specially mitigated] the self-denunciation and confession [the sentence]: the crime of false accusation brings about waste of state functions according to unnecessary investigation and trial, the crime is highly serious, and the crime is a crime that obstructs the smooth enforcement of the national criminal justice authority, and the characteristics of the crime of false accusation, in light of the characteristics of the crime of rape, it is necessary to punish the crime of rape; the crime of false accusation, which is the crime of rape, is in danger of being subject to an investigation by an investigative agency after being urgently arrested by the defendant due to the crime of this case; it appears that the person under consideration might have suffered a large amount of mental suffering from the crime of this case; on the following day, the confession is made immediately after the day; and the person under consideration made a statement to the effect that the defendant was able to live well in Korea.