A defendant shall be punished by imprisonment for one year.

except that 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 April 15, 2013, the defendant submitted a false complaint to the public official in charge at the public service center of the Daegu District Public Prosecutor's Office located in Seongbuk-dong, Seongbuk-gu, Seoul District Public Prosecutor's Office.

The purport of the content is that “A, Defendant C and D, who was a police officer, embezzled the checks owned by clans, forged the name of the complainant, endorsed the checks on the checks, and attended and testified as a witness at the trial of the case at the same time as the complainant, and the E and F, who was the police officer in charge, operated the protocol of interrogation of the complainant, thereby punishing the complainant.”

However, in fact, the Defendant had already filed a charge of embezzlement and endorsement of a check, which is the same contents as the above accusation, but the Defendant was punished for false accusation as the crime of false accusation, such as the fact that the Defendant received the check from C and deposited the check directly in the bank in the investigation process was revealed, and the above E and F did not have any operation of the suspect examination protocol against the Defendant.

Nevertheless, the Defendant reported false facts to public offices as above for the purpose of having C, D, E, and F punished criminal punishment.

Summary of Evidence

1. Examination protocol of suspect C by the prosecution;

1. A criminal complaint prepared by the defendant;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment, such as a pre-deposit slip of a suspect check and CCTV photograph of a bank), investigation report (Attachment, etc. of a copy of a criminal investigation report related to preparation of a false official document by police officers), investigation report (Attachment, etc. of case records, etc. of Form 8

1. Article 156 of the Criminal Act applicable to the crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act does not reflect the fact that the defendant was not subject to punishment twice due to the crime of false accusation and reported the falsity of this case to the same content as the defendant is disadvantageous to the defendant, or that the defendant is old, or other character, character, environment, motive and circumstance leading to the crime of this case, and the means and consequence thereof.