A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On January 11, 2017, the Defendant drafted a written complaint with respect to C at the Gyeong-dong, Chungcheongnam-dong, Chungcheongnam-dong, 17, Nam-gu, Chungcheongnam-dong, Chungcheongnam-do.

The defendant C was forced to put the complainant into a truck by force on July 2016, and was forced to have a sexual intercourse after suppressing the complainant with scambling force. After that, even around September 20, 2016 and around October 4, 2016, the defendant and C continued to suppress the complainant's resistance and forced sexual intercourse with forced sexual intercourse. The defendant and C maintained internal relations at the time, and had sexual intercourse with agreement under agreement.

Nevertheless, on the same day, the defendant submitted the above complaint to the police officer who is unable to know his name at the Gyeongbuk Sea Center on the same day.

As a result, the defendant made a false accusation for the purpose of having C receive criminal punishment.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. A protocol concerning the interrogation of each police suspect with regard to C;

1. Application of the Acts and subordinate statutes to the complaint;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

The circumstances that are favorable: The crime of false accusation is a crime that interferes with the appropriate exercise of the state's penal authority or disciplinary authority and causes a person who is in danger of unreasonable criminal punishment or disciplinary action and is in need of strict punishment: the conciliation is established in the male and the family case between the third party and the victim, and the victim does not want the punishment of the defendant.