A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

1. On October 28, 2018, the Defendant: (a) around 23:30 on October 28, 2018, at the Jung-gu Daejeon Belcho Lake; and (b) during the period during which the victim was accommodated in the same manner as the victim D who was aware of, and then the victim saw, then cut off the 170,000 won in cash from the main machine of the victim; and (c) cut off the brus under the burg, and cut off the burg.

2. The Defendant was aware of the above theft committed by the victim, and attempted to engage in sexual intercourse after receiving the above theft report. The Defendant decided to conceal the victim’s sexual organ and to engage in sexual intercourse on the new wall unless the victim’s sexual organ was discovered.

At around 01:50 on October 29, 2018, the Defendant made a false statement to the effect that, in the above guest room, the Defendant reported 112 on the Defendant’s mobile phone to the effect that “the Defendant thought that the victim was diving and attempted to cut off again, she was suffering from sexual assault from the Defendant’s cell phone,” and on the same day, he reported 112 on the Defendant’s mobile phone to the effect that “the Defendant was subject to sexual assault victim investigation” in E, and the police officer in charge made a false statement to the effect that “D was force against the Defendant’s will, and thus, punished him.”

Accordingly, the defendant raised a false accusation against the victim for the purpose of having the victim punished criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police interrogation protocol on the accused and D;

1. The police statement of the defendant;

1. Application of Acts and subordinate statutes to a report on the occurrence of a crime (Rape, etc.), on-site photographs, notification to a department related to 112 reporting, report on internal investigation (the details of attachment ofCCTV CDs), investigation report (the details of attachment of a report on request

1. Relevant Article 329 of the Criminal Act and Article 156 of the Criminal Act concerning criminal facts, the choice of punishment (a thief and choice of imprisonment), and the choice of imprisonment;

1. Statutory mitigation of punishment under Articles 157, 153, and 55 (1) 3 of the Criminal Act (Confession and mitigation with respect to the crime of non-prosecution);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act, the suspension of execution;