A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 3, 2016, the Defendant first met B at his age club and had experience in sexual intercourse several times from that time until now, and agreed with B at the house of B and had sexual intercourses.

Nevertheless, around 14:00 on February 7, 2016, the Defendant issued a written complaint to the her husband to the effect that “B was raped by inserting off and inserting the clothes of any space B, which is under the influence of alcohol,” on the paper of the accusation set up in the Gu-U.S. police station located in the Gu-U.S. Sinsi-dong with the intent of having the her husband take criminal punishment against B, and stated the fact of injury to B as if the police officer in charge had been raped.

Accordingly, the defendant filed a false complaint for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement against the defendant and C;

1. A complaint;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to a document of provisional departure report by a complainant A), investigation report (B telephone statement hearing);

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

1. Articles 157 and 153 of the Criminal Act for mitigation of voluntary confessions;

1. Reasons for sentencing under the main sentence of Article 62 (1) of the Criminal Act;

1. One month to ten years from the date of imprisonment with prison labor for a prison labor in the range of applicable sentences; and

2. Determination of sentencing criteria (decision of types) and types 1 (General Dismissal) (Special Sentencing) and mitigation factors: Imprisonment with prison labor for self-denunciation confession [Scope of Recommendation Punishment] from one month to one year ( mitigated area).

3. The decision-making without sentence is a crime that actively infringes on the function of the national criminal justice system and causes the risk of wrong punishment to the other party who does not commit the crime.

Therefore, although the defendant's liability is without fault, the defendant, after having taken an illegal act against her husband, caused a complaint due to her husband's conduct and active demand, and even at the time of the complaint, the victim's punishment is punished.