A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On September 13, 2013, the Defendant was sentenced to eight months of imprisonment for a violation of the Narcotics Control Act (competence) in support of the Sungnam branch of Suwon branch, and completed the execution of the sentence on February 21, 2014.

[2] On January 11, 2016, at around 02:45, the Defendant reported rape on the front side of Seongdong-gu Seoul, Seongdong-gu Seoul with the intent to have D punished criminal punishment. On the same day at around 02:50 on the same day, the Defendant present himself/herself at the Dongdong Police Station E box office in Seoul, Seoul, and prepared a statement to the effect that “On January 11, 2016, he/she entered the instant singing together with D, which he/she became aware of the fact that D had come to the instant singing at the G music room located in Seongdong-gu Seoul, Seongdong-gu, Seoul, and went to the said singing together with D, which became aware of the fact that D had come to the instant singing, as D met with the sex of D, and had frighted its resistance, and had it forced, and had it exceeded the forced force.”

However, the facts are that the defendant and D have sexual intercourse only under the agreement at the above singing, and that D did not commit rape after assaulting the defendant and suppressing resistance.

Nevertheless, the Defendant reported 112 of the aforementioned false content, and stated false damage to the police officers assigned to the Seoul Manjin Police Station E box, and filed a motion to D.

Summary of Evidence

1. Legal statement of the witness D;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A detailed statement of the processing of reported cases;

1. Investigation report (to hear statements from police officers in charge and report);

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation report (the confirmation of the date of release of a suspect A);

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

1. The circumstances favorable to the defendant include the fact that there is no record of the same kind of crime with the reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes, and that the criminal punishment against the person who is under suspicion is not realistic.

However, the crime of false accusation not only interferes with the proper exercise of national criminal justice, etc. but also commits the crime by actively committing the act of false report.