A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

Around September 22, 2019, the Defendant made a false statement of complaint against B with the aim of having B receive criminal punishment.

At the beginning of July, 2019, the complaint visited B’s residence under the influence of alcohol while drinking together with B and alcohol, and at that place B was subject to sexual assault under the condition that B was exempted from drinking and having lost the mind.

In addition, around October 13, 2019, the Defendant appeared at the Daegu East Police Station Women Protection C office located in the Daegu East-gu, Daegu-gu, Incheon-ro, 209 (Hasan-dong), and stated to the effect that “B, around July 27, 2019, was forced to have sexual intercourse under the influence of having been sexual intercourse with B, by attending at the Daegu-dong Police Station’s Women Protection Office C office in the Daegu-gu, Daegu-gu, Seoul Special Metropolitan City (Masan-dong).”

However, in fact, the Defendant frequently visited the residence of B from the beginning of July 2019 to the beginning of July 2019, and had sexual intercourses under the agreement with B, but did not have been raped from B.

Nevertheless, on September 22, 2019, the Defendant submitted the above complaint to the Daegu Dong Police Station E-gu, Daegu Dong Police Station E-gu, Daegu Metropolitan City, Dong-gu, and to the Inspector F belonging to the above district.

Accordingly, the Defendant reported false facts to public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. Each complaint;

1. Details of card use, payment details, and record of each record of the Kakao; and

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Articles 157, 153 and 55 (1) 3 of the Criminal Act for statutory mitigation;

1. The probation of execution does not fit the nature of the defendant for the reason of sentencing under Article 62(1) of the Criminal Act, and is against the disadvantage of the defendant, such as the necessity of strict punishment for sexual crime-free acts, and is against the defendant, the agreement with the victim, the primary offender, and other favorable circumstances, such as the first offender.