A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On August 4, 2018, at the point of “C” located in Mapo-gu Seoul Metropolitan Government, around 20:30 on August 4, 2018, the Defendant saw D’s view while drinking alcohol together with D that he had been aware of prior to this point, and saw D’s shoulder to the Defendant’s shoulder.

Then, at around 23:30 on the same day, the Defendant used D and kis on the same day, and used D knee-kne-knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne.

Around 00:30 on August 5, 2018, the Defendant reported that D under the influence of alcohol was made by phone 112 from Gaberri-rier 112, and submitted a written statement that “I had her sexual intercourse with D, who was forced to her sexual intercourse with D,” at the Seoul Mapo-gu Seoul Mapo-gu Police Station located in Mapo-gu, Seoul.

However, the facts revealed that the Defendant did not have been subjected to indecent acts by force, such as taking kis with D, and that D was forced at the time of entering the Defendant’s sexual organ.

Nevertheless, the Defendant reported by indecent act by compulsion, and prepared and submitted the above statement at the Seoul Mapo Police Station.

In this respect, the defendant was arrested for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect suspect regarding D by the prosecution;

1. The prosecutor's protocol and suspect interrogation protocol of the accused;

1. The police statement of the defendant;

1. Statement of the police defendant examination protocol regarding D;

1. Receipt of a report on damage and a report by indecent act;

1. The written statement of the defendant;

1. Investigation report (to be accompanied by a telephone recording file between suspect D and E area competition);

1. Application of the Act and subordinate statutes to a criminal investigation report (involving investigation and attaching CCTV images to field CCTVs);

1. The punishment of imprisonment with prison labor under Article 156 of the Criminal Act concerning the relevant criminal facts;