Text
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On February 9, 2018, the Defendant prepared a false complaint with respect to C with the aim of having C criminal punishment, at the public service center of the Seongdong Police Station, 299, and at having C receive criminal punishment, the Defendant made a false complaint with respect to C.
The above complaint of the defendant C raped the complainant at the motherel located in D around September 28, 2017.
“The purport of “” is to that effect.
However, in fact, the defendant was sexual intercourse under the agreement with C, and there was no rape from C.
Nevertheless, around February 9, 2018, the defendant submitted a false complaint to the public service center of the above Dongdaemun-gu Police Station to file a false complaint with C.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on investigation (related to interview with victims and cancellation of a complaint), a report on investigation (a criminal suspect C-suspects and non-suspects);
1. Application of the Acts and subordinate statutes to the complaint;
1. Article 156 of the Criminal Act applicable to the crime and Article 156 of the Selection of Punishment Act;
1. Articles 157, 153, and 55 (1) 6 of the Criminal Act to mitigate confessions;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Circumstances favorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The circumstances favorable to the Defendant are the following: (a) the Defendant led to the confession of the instant crime; (b) the Defendant acknowledged that the Defendant was not raped by the person against whom the complaint was filed on the date of the complaint; and (c) the Defendant has no record of criminal punishment.
The crime of false accusation: not only actively infringes on the criminal justice function, but also imposes a risk of causing a person without a criminal punishment, which is heavier than the nature of the crime; further, the crime of this case was brought by the defendant against a person without a criminal punishment as the perpetrator of the sexual crime; there are many cases where the statement of the victim is the only evidence in the sexual crime case, and there is a high possibility that a person without a criminal punishment may be sentenced to severe punishment if guilty.