A defendant shall be punished by imprisonment for one year.

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

(e).

Punishment of the crime

The defendant works for the police at the B police station on August 31, 2017.

A retired person is a person who was a candidate of the head of the Dong-si Local Election B(D party) on June 13, 2018, which was implemented on June 13, 2018.

Around May 30, 2018, the Defendant submitted a letter of accusation prepared to the effect that “C subsidized field expenses at private expense to B-Gun regional E around November 28, 2017” (hereinafter “written accusation of this case”). On June 4, 2018, at the office of the Gangwon Provincial Police Agency’s Security Investigation Team, the Defendant made a statement to the same effect as police officers at the office of the Gangwon Provincial Police Agency’s Security Investigation Team.

However, the support of field E in the area B was a subsidy lawfully paid through the examination and resolution of the Gun Council in accordance with the B-Gun Ordinance on the Honorable Treatment and Support of Persons Eligible for Veterans Affairs.

As a result, the defendant brought a false accusation against C for the purpose of having criminal punishment imposed upon C.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol regarding C;

1. The police statement of H;

1. A written accusation;

1. Submission of investigation data (related to subsidies from the E B military branch);

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to submission of data) and accompanying documents;

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (a favorable circumstances among the following reasons for sentencing)

1. The gist of the assertion is that there is a ground to determine that C’s personal expense support was provided in light of objective circumstances, among the written accusation of this case, the content of the E’s visit expenses support cannot be viewed as false facts.

Even if the contents of the instant accusation were false, the Defendant did not have any intention to make a false accusation since he did not recognize the falsity thereof.

2. Determination

A. The instant case.