A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On July 14, 2015, the Defendant was released on March 30, 2017, when he was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Seoul Southern District Court on July 14, 2015, and the parole period expired on August 26, 2017. On August 13, 2019, the Defendant was sentenced to three years of imprisonment with prison labor for quasi-rape, etc. at the Seoul Southern District Court, and the judgment became final and conclusive on October 11, 2019.

On August 16, 2019, according to the distribution of Seocho-gu Seoul, the Defendant filed a complaint with the Seoul Central District Public Prosecutor's Office on the civil petition of the Seoul Central Public Prosecutor's Office stating that "I am son B (tentative name) was subject to rape from the Defendant while I was unable to resist and was unable to do so."

However, at the time of fact, the defendant had sexual intercourse B, who had been unable to resist, with exemption from water in order to escape suicide.

Nevertheless, the Defendant, by submitting the above false accusation in order to obtain favorable judgment in the case of quasi-rape, etc. against himself, brought up B without having the intent to be subject to criminal punishment.

Summary of Evidence

1. The police statement (Supplementary to a complaint), the criminal investigation report (victim B telephone conversations), the closure of the Kakakao Stockholm conversation (Defendant and B), and the statement of narcotics assessment against the defendant in the police statement B (tentative name) of the defendant in the court statement;

1. Previous records of judgment: Criminal records, results of inquiry into criminal records, investigation reports (Attachment of judgments against A who has filed a complaint), written judgments, etc., investigation reports (Attachment to judgments and inquiry into confinement), application of Acts and subordinate statutes to the status of personal confinement;

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The following circumstances are the reasons for sentencing in the latter part of Article 37 of the Criminal Code and Article 39(1) of the Criminal Code, and the age of the defendant.