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

The execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 5, 2016, the Defendant reported to the effect that “the Defendant was frighten and frighten from a guest, and that he was frighten and frightened to sexual assault.” On November 14:50, 2016, the Defendant made a false report to D, who is a police official, at the police station of the Kuju-si, Won-si around 05:00 on November 5, 2016, “The Defendant was frighten and frightened with a guest, who was frighten and frightened with a customer.” On November 5, 2016, the Defendant made a false report to the effect that “D, who was a police official, frighten and frighted, frighten and frighted with a baby, who was fright, was frighted,” and had D, a public official for the purpose of criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made to A by the police;

1. Each response to a request for appraisal;

1. A statement of the 112 reported case processing [the defendant and his defense counsel did not have any intention to commit a crime because the defendant has believed that he was rape;

However, the crime of false accusation is established when a person reports the fact that is not true for the purpose of having another person receive criminal or disciplinary action, so the reporting person does not need conviction (see, e.g., Supreme Court Decision 2012Do4531, Dec. 24, 2014). In full view of the above evidence, it can be recognized that the fact that the defendant had never been raped by E was found only without any verification as to whether the defendant was actually raped by E. Thus, the intention of false accusation is sufficiently recognized).

Application of Statutes

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. As to the assertion by the defense counsel under Article 62(1) of the Act on the Suspension of Execution, the defense counsel asserts that the defendant was in a state of mental and physical weakness due to depression, serious memory disorder due to alcohol cognism at the time of committing the instant crime, and a net mental disorder due to a mental disorder, etc., and the record reveals that the defendant was prior to 2014.