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 this judgment becomes final and conclusive.

Punishment of the crime

On October 15, 2018, the Defendant: (a) called “B” and called “B” to drink the same alcohol on October 15, 2018; (b) met with Dong in the vicinity of the Gangnam-gu Seoul Metropolitan Government; (c) had naturally set a kis, and had a sexual intercourse with B, while getting on a vehicle of “B” at around 03:41 on the same day and going on to his own residence of the Seoul Yeongdeungpo-gu Seoul Metropolitan City building D; (d) had a sexual intercourse with B at around 04:27 on the same day after getting on a vehicle of “B” and then moved to a house of “B” located in the Gwanak-gu Seoul Special Metropolitan City E-gu building F; and (e) had returned to his house around the same day.

Since then, at around 12:56 on the same day, the Defendant called from his house to B to put it on the house, but he refused to turn it into the house, and he again requested to B to put it into the house, and even though he did not make any contact, he did not ask B to get a phone at around 20:56 on the same day, and the Defendant was able to recover the relationship with B because the atmosphere is good, such as having a sexual relationship on the preceding day, but he did not receive any contact, but he was able to make a false report to B as having been sexually abused.

On October 15, 2018, the Defendant reported that he was raped by telephone to the G District, and on October 15, 2018, around 22:00 of the same day, the Defendant drafted a written statement stating that “The former male-child B forcedly had sexual intercourse with that he was under the influence of alcohol, because he was forced to punish B because he was under the influence of alcohol.”

However, in fact, the Defendant did not have been raped by the agreement with B, or was raped by B.

Accordingly, the defendant brought up B without the intention of having B be subject to criminal punishment.

Summary of Evidence

1. The third protocol of the trial: