A defendant shall be punished by imprisonment for one year.

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 December 29, 2014, the defendant prepared a complaint to the effect that C files a complaint with the public service center of the Seosan Police Station located in the Seosan-si, Seosan-si, Seosan-si.

그 고소장은 ‘C 는 2014. 8. 11. 피고인의 주거에 문을 따고 들어와 성폭행을 하려고 덤볐고, 2014. 9. 3. 다시 피고인의 주거에 들어와 몸을 요구하였으니 처벌해 달라.’ 라는 내용이었다.

Around December 23, 2014, the Defendant was investigated by the relevant police station, and stated that “C opened a door without permission on August 11, 2014, and sought to be punished because he/she tried to get off his/her body size and the clothes for correction.” On December 29, 2014, the Defendant was investigated again by the said police station, and “C required sexual intercourse on September 3, 2014 and covered the Defendant’s upper part of the sect.”

“The statement was made”.

However, on August 11, 2014, C was to open a door to make the defendant enter the dwelling of the defendant, and there was no fact that the defendant was forced to commit an indecent act, and even around September 3, 2014, C did not have intended to commit an indecent act by force against the defendant.

As a result, the defendant made a false accusation for the purpose of having C receive criminal punishment.

Summary of Evidence

1. The witness C’s legal statement (the contents of the statement are consistent and specific, there is no inconsistency with other evidence, and there is no circumstance that the above statement is false in light of the balance between the defendant and the defendant, and its credibility is recognized)

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against the defendant;

1. Application of the Acts and subordinate statutes on complaint prepared by defendant;

1. Article 156 of the Criminal Act, the choice of punishment for the crime, the choice of punishment for imprisonment;

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Orders, observation of protection, and Article 62-2

1. Recommendations based on sentencing standards;

A. The scope of the recommended punishment is one type (general dismissal) and the basic area (6 months to 6 months).