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.

Punishment of the crime

On October 7, 2015, the Defendant was sentenced to a fine of two million won due to the crime of intimidation against Defendant C, who is a defendant, at the Jeju District Court on June 7, 2016, and the judgment became final and conclusive upon dismissal of the appeal by the Supreme Court on June 7, 2016, the Defendant filed a complaint with the same purport, stating that “The Defendant, at around March 16:00, 2015, Da, who is the defendant, took a brusium in the Seo-gu Police Station type and the 2 team office of the Seo-gu Jeju Police Station on November 14, 2016, her complaint was raised and submitted to the same effect.”

However, due to the dispute over the land boundary at the time, the defendant left the residence of the defendant's tenant by attaching a fluor and a tree to the defendant's tenant, while there was a fact that the defendant left the residence of the defendant's tenant, however, there was no fact that the defendant flusium and flusiumd the defendant.

As above, the Defendant filed a false complaint with the intent of having the Defendant be subject to criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the defendant;

1. Statement made by the police against C;

1. Non-prosecution decision;

1. Investigation report (a copy of the written complaint submitted by a suspect, etc.);

1. Application of the Acts and subordinate statutes to the complaint;

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

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

1. It is necessary to strictly punish a crime of false sentencing under Article 62-2 of the Social Service Order Criminal Act because it interferes with the appropriate exercise of national criminal justice power and lacks the risk of criminal punishment against a person who is under suspicion.

However, the fact that the defendant has no record of being punished for the same crime, or has not been punished by a fine or heavier punishment, and that the accused has not been prosecuted, the fact that the accused and C have been recognized as committing the crime, and that he/she shows an attitude against him/her, taking into account all the circumstances that form the conditions for sentencing, such as the relationship with the accused and C, the background leading the defendant to committing the crime in this case, the age, environment