208 Highest 3984 Non-Dismissal

A (71years, Females)

Head of Gu

Attorney Kang Tae-tae (Korean National Assembly)

September 23, 2008

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive, and the defendant shall be ordered to provide community service for 80 hours.

Criminal facts

Around April 5, 2008, the defendant prepared and submitted a false complaint about V to police officers with no knowledge of his/her work name for the purpose of having them criminal punishment. The complaint was made on April 4, 2008 with the purport that "The defendant was raped from V, with the intention that "The defendant was found to be a woman and school violence victim support center in Busan, which was located in the Gandong-dong-dong-dong-dong-dong-dong-gu Busan, and was punished by 00 GaV because he/she found the defendant to be a woman in the Soak-gu operated by the defendant on April 4, 2008 and made a false statement to the effect that "the defendant was sexually ill."

However, the fact was that the Defendant had sexual intercourses with the above V on Nov. 1, 2007, and had sexual intercourses around April 5, 2008, and there was no rape from V on the ground that the Defendant had sexual intercourses under the agreement with V on April 5, 2008.

Nevertheless, the defendant, from the living south of the defendant on April 5, 2008, was subject to the charge of gambling at V's house on April 5, 2008, and the defendant made a false statement that he was raped from V while under the influence of alcohol, and then was doubtful from the rest of living together with the above person, the defendant submitted the above false complaint to the public service center of the Busan Metropolitan City Police Station, and submitted the above false complaint to V.

Summary of Evidence

Omission

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 156 of the Criminal Act

1. Mitigation of confession;

Articles 157, 153, and 55(1)3 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (Considerations, such as the fact that one does not repent and the fact that one cancels the complaint against the victim)

1. Social service order;

Article 62-2 of the Criminal Act

Judges Kim Gin-han