A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On May 2, 2013, the Defendant was sentenced to 10 years of imprisonment by the Jeju District Court due to a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape with Persons with Disabilities), and the said judgment became final and conclusive on July 25, 2013.

【Criminal Facts】

On March 18, 2013, the Defendant prepared a written complaint stating that “A around October 2012, the Jeju Eastern Police Station, the Defendant, at Jeju-si 2, 161, committed a sexual assault against A’s friendship D with a view to harming A, who is the complainant, and committed an indecent act against A’s sexual intercourse,” and that C was punished as a crime of false accusation, since he/she submitted a false complaint to her native D and shesheshesheshes E., who was punished as a crime of false accusation.” On the 20th of the same month, the Defendant submitted the above complaint to the Jeju District Prosecutors’ Office around the same month.

However, on August 20, 2012, the Defendant: (a) committed rape to Friend D around August 20, 201; and (b) by compulsion of Fushes E around the beginning of 2011 and September 2012.

Accordingly, the defendant submitted a false complaint to the victim C for the purpose of having the victim C punished criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Copy of protocol of examination of witness in relation to the case No. 2012 High Court Decision No. 2012 High Court Decision No. 342 and report on investigation (Attachment to judgment No. 2012 High Court Decision No.

1. Copy of the prosecutor's statement concerning C;

1. Records of the petition for complaint and each protocol;

1. Previous convictions in judgment: Residents' inquiry, etc., defendants' legal statements, and application of Acts and subordinate statutes significantly to this court;

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

1. The reason for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Code for concurrent crimes is that the defendant did not reflect his/her sexual assault crime at all, and instead, he/she did not request the victims of sexual assault to submit a written complaint to the victim of sexual assault.

The punishment as ordered shall be determined in consideration of equity, etc. with the case where a judgment has been rendered simultaneously with the defendant's age, character and conduct, records of crimes, and judgment.