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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 20:00 on December 18, 2013, the Defendant, a neighbor, who resides in the same apartment house operated by D in Seo-gu, Seo-gu, Gwangju.
On the 4th day of the same month, when the Defendant d d wn alcohol in combination with F and D, and d d wn on the ground that D wn's wn's wn's wn's wn's wn's wn's wn's wn's wn's wn's wn's wn's wn's wn't wn't fl't wn't wn't wn, F
Around 20:00 on December 18, 2013, the Defendant reported that “F, December 7, 2013, 2013, she raped the Defendant from E Hop toilet,” and around 22:20 on the same day, the Defendant made a statement to the head of the Gwangju District Police Station that “When he/she drinks alcohol with the Defendant and F in a toilet, he/she saw F in combination with the Defendant and F in a toilet with the Defendant and the Defendant’s hand on his/her toilet, and she saw F in a toilet, she sawd the Defendant’s body and f in a toilet floor, and she raped another Defendant with the Defendant’s body, which exceeded the toilet floor,” and prepared the same statement and submitted it to the head of the Gwangju District Police Station.
However, the facts are that the defendant and the F did not rape the defendant while drinking together with D in combination with D in E E, and that F did not commit rape.
As a result, the defendant was arrested by F with the aim of having F punished criminal punishment.
Summary of Evidence
1. Defendant's legal statement;
1. An interrogation protocol of the police concerning F (including the cross-examination part of the accused);
1. Written statements prepared in D;
1. Application of the statute on filing of a complaint to the defendant
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 (Confession) of the Criminal Act, which are statutory mitigation;
1. Article 62(1) of the Criminal Act: