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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Defendant: (a) on December 4, 2015, in a case in which Defendant’s male-gu D, male-gu, having inflicted an injury on E, committed an indecent act by Party E due to difficulties in reaching an agreement with E;

In order to induce agreement after filing a false complaint.

Accordingly, the defendant prepared a false complaint against E in order to have E receive criminal punishment in the public service center of the Gwangjin-gu Seoul Special Metropolitan City Gwangjin Police Station located in the same day.

The criminal complaint is that "E was forced to raise to A (Defendant) on November 28, 2015 and was forced to commit an indecent act by a single hand, and thus punished." There was no fact that E committed an indecent act by force against the defendant.

Nevertheless, the defendant submitted the above complaint to the police officer who is unable to know the name of the public service center of the Gwangjin-gu Seoul Police Station at the time of the above day and made the appeal E.

Summary of Evidence

1. Legal statement of witness E;

1. A protocol of examination of the suspect against the accused by the prosecution (including the cross-examination);

1. A criminal investigation report (Attachment to the contents of Kakao Stockholm conversation) (limited to the output of the contents of conversation);

1. A criminal investigation report (Attachment to photographs of damaged parts, CCTV, etc.);

1. A complaint;

1. Application of the police statement law to the defendant;

1. Relevant Article 156 of the Criminal Act concerning the facts constituting an offense and Article 156 (1) of the Criminal Act concerning the selection of punishment;

1. The crime of false accusation under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (the following conditions favorable to the defendant among the reasons for sentencing) is a serious crime that not only interferes with the appropriate exercise of national criminal jurisdiction, etc., but also causes the risk of criminal punishment to a person who is not a crime, by actively committing a false report. In particular, in the case of a sex offense against which an investigation is conducted in accordance with the victim's statement, the possibility of causing damage to a person against whom a crime of false accusation is committed is greater, and the defendant has reached this court.