Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On November 1, 2014, at around 01:40, the Defendant reported false facts to 112, while making time fees due to the entrance doors of E and female toilets where the Defendant had been working as security guards at a hospital located in Young-gu, Busan Metropolitan City.
The contents of the report include that “E faces with the right shoulder part of the defendant by pushing the toilet door at the entrance of E and toilet, and E was sealed with the defendant’s chest part, and E was punished due to assault and sexual indecent act,” while E was not in a way to cover the defendant’s right shoulder by pushing the toilet door, or the defendant’s breast part was pushed down.
Nevertheless, on November 1, 2014, the Defendant reported false facts to 112 by telephone, and made a statement with the same content as a witness for the crime of assault at the Busan Young-do Police Station Fabstation around November 5 of the same year.
In this respect, the defendant committed a false accusation for the purpose of having E receive criminal punishment.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. Copy of the police statement against the defendant;
1. Application of Acts and subordinate statutes to a copy of global work site;
1. Article 156 of the Criminal Code applicable to the crime, Article 156 of the choice of criminal punishment, and Article 156 of the Criminal Code does not have the same criminal history for the defendant for the reason of sentencing choice of criminal punishment. However, the crime of false accusation not only interferes with the proper exercise of the State's right to criminal punishment or disciplinary punishment, but also requires strict punishment due to the poor nature of the crime for the crime that leads to the risk of suffering and danger from unfair criminal punishment or disciplinary punishment. The defendant does not repent of the crime, and other various circumstances, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime in this case, and circumstances after the crime, etc.,