A defendant shall be punished by imprisonment for not less than eight months.

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

Criminal facts

On July 8, 2015, the Defendant appealed a fine of two million won by assault, etc. at Daejeon District Court on July 8, 2015, and is currently pending trial.

On March 25, 2015, the Defendant, at the public service center of the Daejeon Police Station, located in 733 as Seo-gu, Seo-gu, Daejeon, Daejeon, on March 15, 2015, prepared a complaint stating that “The complainant (defendant) sent the Defendant E and drinking at the D restaurant located in Daejeon, Seo-gu, Daejeon, about 0:10 on March 15, 2015, the Defendant refused it to allow the Defendant to drink the Defendant’s house to drink and drink the Defendant’s house and let the Defendant drink the Defendant, but the Defendant, who was forced by intimidation and verbal abuse, forced the complainant to punish the Defendant as rape.” On the same day, the Defendant filed a complaint with the public service center in charge of the above public service on the same day.

In fact, the Defendant, as an employee of the Defendant E, completed the work around 00:10 on March 15, 2015, and had sexual intercourse with E after drinking together with E and moving alcohol to the house of E, and had sexual intercourse with E under an agreement, and had no sexual intercourse with E on that day.

Accordingly, the defendant reported false facts to public officials for the purpose of having them receive criminal punishment against E.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Each police statement of the defendant;

1. Application of Acts and subordinate statutes on the details of conversation, E text messages, photographs, investigation reports (receiving a 112-reported case and attaching details thereof), and 112-reported reports;

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

1. Articles 157 and 153 of the Criminal Act for mitigation of confessions;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation [Scope of Recommendation]: Sentence 1 (General Non-competence). Imprisonment with prison labor for one month or one year (special mitigation): Voluntary confession [Determination of Sentence]: The crime of this case is a crime interfering with the proper exercise of the State’s penal authority.