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 became final and conclusive.

Criminal facts

Around August 6, 2014, the Defendant prepared a written complaint to the effect that “Defendant D, along with the complainant, was taking a core meal at a F hotel located in Gangnam-gu Seoul, Seoul, on July 22, 2014, he/she was raped with his/her arms and body divided into two arms and body to prevent the complainant from leaving his/her clothes by force.” On August 8, 2014, the Defendant submitted a written complaint to the original support center of the Police Hospital located in Songpa-gu Seoul, Seoul, Seoul, to the effect that “The Defendant D, along with the complainant, was taking a core meal at the F hotel located in Gangnam-gu, Seoul, leading the complainant to the sixth floor, leading the complainant to his/her six floor, and forced the complainant to leave his/her clothes by force by force, lest he/she be able to escape from his/her body.”

However, in fact, the defendant entered the above hotel room in agreement with D and was sexual intercourse, and D did not have been forced to attract the defendant to the guest room or raped in the guest room.

Accordingly, the defendant filed a false complaint with D for the purpose of having D punished criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding D;

1. The police statement of the defendant;

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 to be legally mitigated;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] The mitigated area (one month to one year), (one year), self-denunciation] (the decision of sentence] self-denunciation and confession (the decision of sentence] of the defendant as a primary offender, is divided in depth into and reflects his mistake, and there are some circumstances that may be somewhat taken into account the motive and circumstance leading up to the crime of this case, and the fact that the defendant agreed with the accused and revoked his complaint is favorable to the defendant.

On the other hand, in light of the contents and methods of the crime of this case, the nature of the crime is not easy, and due to the defendant's non-determination, the defendant's complaint suffers considerable mental pain in the investigation process.