A defendant shall be punished by imprisonment with prison labor for four months.

Punishment of the crime

The defendant is a person who has returned to Korea for about eight years with C and has been in a sexual intercourse and has been in an internal relationship.

On July 22, 2017, around 22:02, the Defendant: (a) filed a complaint on the grounds that C was doubtful of the relationship between the Defendant and another male; (b) filed a 112 report to the effect that “A was subject to sexual assault in the C’s residence; (c) on July 23, 2017, the Defendant made a statement to the effect that “A was punished because C was sexual assault in the C’s residence; and (d) on the same day at around 00:03, around 14:55, the Defendant made the statement recording room within the criminal team of the Yangyang Police Station, and at around 14:55, around the same day, the statement recording room at the Gangnam Sea Center’s statement recording room.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect with regard to C;

1. Each police statement protocol against the defendant (No. 7 and No. 8 of the evidence list);

1. A letter of emergency arrest;

1. A’s message;

1. 112 Reporting case handling table;

1. Application of the Act and subordinate statutes to the investigation report (No. 34 No. 54);

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

1. The grounds for sentencing under Articles 157, 153, and 55(1)3 of the Criminal Act for statutory mitigation [the scope of recommendation] [the grounds for sentencing under Article 157, Article 153, Article 55(1)3 of the Criminal Act / [the scope of recommendation] / [one month or one year] mitigation area (a special mitigation person] / [the decision of sentence] the crime of self-denunciation or confession [the decision of sentence] actively infringes on the State’s criminal justice function as well as the serious criminal that makes the person under suspicion at risk of unfair criminal punishment; the person under suspicion due to the defendant’s non-determination was arrested and detained for four days due to the defendant’s urgent arrest; the person under accusation submitted the head of revocation of complaint at the investigation stage but the defendant found himself/herself and submitted the head of revocation at the investigation stage.