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

Punishment of the crime

On August 13, 2012, at the Kimpo-si Kimpo-si, 795, 65 (long-term Dong) Kimpo-si, 795, and D, the Defendant made an oral statement of complaints to police officers under their names, and prepared a written complaint using a computer to verify the contents of the written complaint prepared by the police officers by using the computer, and by using a unmanned device, for the purpose of having them punished.

The complaint states that "A defendant D, at around 00:30 on August 12, 2012, caused the defendant to resist drinking water, so that he/she was raped once by having the defendant look back to the defendant," and that D only has sexual intercourse under the agreement with the defendant, and there was no rape after D made the defendant to resist drinking water.

Nevertheless, the defendant submitted the above complaint to the police officer on the date and time, and made a statement to the same effect as the statement in the complaint when the supplementary investigation into the purport of the complaint was conducted on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including the part concerning the statement in D);

1. A protocol concerning the examination of the suspect against the defendant (including the part concerning the statement in D);

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to non-prosecution decisions and copies of a complaint;

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The crime of false accusation for sentencing under Articles 157, 153, and 55(1)3 of the Criminal Act is a crime that undermines the proper trial function of the State’s penal authority and imposes risks of illegal criminal punishment on a person under the jurisdiction of the State, and is highly likely to be subject to criticism; the nature of the crime is not very good in light of the nature of the crime; and due to the characteristics of the crime of rape, the defendant was investigated for more than five months for a period exceeding five months from the time when D was decided not to prosecute due to the defendant’s non-prosecution.