A defendant shall be punished by imprisonment for six 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

On July 19, 2017, the Defendant submitted a written complaint to the effect that “B was raped from B on two occasions at the women’s juvenile investigation team at the Ansan-si Police Station of the Ansan-si, a member of Ansan-si, 363, on July 19, 2017,” and stated to the effect that “B was investigated as the complainant on the same day.”

However, in fact, the defendant did not have been raped from B by having sexual intercourses under the agreement with the police officer on July 2017.

Accordingly, the defendant reported false facts to B for the purpose of having criminal punishment imposed upon B, and made a false accusation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to copies of complaint;

1. Article 156 of the Criminal Act applicable to the facts constituting an offense and Article 156 of the choice of punishment;

1. Articles 157 and 153 of the Criminal Act to mitigate confessions;

1. The reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] The mitigated area (1 month to 1 year), the number of self-denunciation [the person with special mitigation], and confession [the sentence] of this case, the crime of this case was committed for the purpose of having the above defendant B punished for the crime of rape, and its nature is not good.

However, the punishment shall be determined as ordered by taking into account the following factors: the Defendant’s confession from the investigative agency, the first offender, the Defendant’s age, sexual conduct, environment, the circumstances leading to the instant crime, means and result, the circumstances after the commission of the crime, the two sentences in a similar case, and other various sentencing conditions specified in the argument of the instant case.