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

except that 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

The defendant is a person who works as an employee at the 'C' drinking house located on the 5th floor of the Busan Suwon-gu building B.

Around 04:31 on April 29, 2016, the Defendant told D, the president, to the effect that “the Defendant was raped from son” was reported.

After that, at around 07:35 on the same day, the Defendant was raped by E while having contacted E, a customer in the drinking room at the Busan Sea Center located in Seo-gu Busan, Seo-gu, Busan, Seo-gu, Busan, 179 on the same day, and thus punished for rape."

However, the defendant did not have been raped by having sexual intercourse under the agreement with the above E.

As above, the Defendant reported false facts to public offices for the purpose of having E subject to criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Each police statement of the defendant;

1. Application of Acts and subordinate statutes to investigation reports (CCTV main image attachment reports);

1. Article 156 of the Criminal Act applicable to the crimes and Article 156 of the Election of Imprisonment;

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act are as follows, taking into account the following circumstances, the Defendant’s age, character and conduct, environment, the motive and circumstances leading to the Defendant to commit the instant crime, the means and consequence of the instant crime, and the circumstances before and after the instant crime, etc., the sentence shall be determined as ordered by taking into account the various sentencing conditions specified in Article 51 of the Criminal Act, such as the following circumstances.

Unfavorable circumstances: An offense of false accusation is highly likely to seriously damage the criminal justice system, and its nature is very heavy.

The crime of this case reported by the defendant on the charge of rape in order to avoid the crime of this case is also poor.

The defendant recognized the crime of this case.

It did not actually result in criminal punishment against the accused, and the accused.