A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On June 28, 2013, the Defendant was sentenced to three years of imprisonment for aiding and abetting suicide, etc. by the Seoul High Court, and was released on May 22, 2015 and the parole period expired on October 15, 2015.

On March 2, 2016, around 06:30 on March 2, 2016, the Defendant visited the victim E at the victim E’s residence located in Eunpyeong-gu Seoul Metropolitan Government, with debt relationship, but the victim did not open the door, and even though there was no rape from the victim, the Defendant forced the victim to engage in sexual intercourse “80 drinking houses” by phone 112 for the purpose of having the victim criminal punishment.

After reporting, “A police officer was able to enter a new wall along with him/her to sleep,” and was off his/her clothes, and the victim was off his/her body and raped.

The victim made a false report by submitting a statement and submitting a written statement to the effect that “ ........”

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Details of processing reported cases;

1. The CCTV closure screen;

1. Response to a request for appraisal;

1. Each description of the criminal defendant's written complaint and his/her existing statement;

1. Previous conviction in judgment: The application of Acts and subordinate statutes to inquire about criminal history and report on investigation (report attaching a sentence of judgment);

1. Article 156 of the Criminal Act applicable to the facts constituting an offense and Article 156 of the choice of punishment;

2. Article 35 of the Criminal Act for aggravated repeated crimes;

3. Reasons for sentencing under Articles 157, 153, and 55 (1) 3 of the Criminal Act to be mitigated by law;

1. Recommendation and sentence of the sentencing guidelines: Imprisonment with prison labor for one month, one year [Scope of the recommended punishment], one type of mitigation area (one month to one year), one year (special mitigation person], and confession of self-denunciation;

1. Unfavorable circumstances: Reporting the fact that it has not been committed, the nature of the crime is poor, the crime is committed during the period of repeated crime, and the criminal records having been subject to criminal punishment several times, etc.;

1. Undue favorable circumstances: A person who has received a disposition not to institute a prosecution against a person who is found to be of reflective nature, or who has received a disposition not to institute a prosecution against such person;