Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
Around 04:30 on June 30, 2018, the Defendant reported 112 to the effect that “the Defendant was sexual assaulted against the Defendant,” and stated that “A police officer belonging to the Busan Southern Police Station B of the Busan Southern Police Station stated that “The Defendant committed a threat as she would go against the Plaintiff’s Na as she would go against the Defendant’s drinking, and followed the Defendant by taking a bath and failing to resist.”
However, on June 29, 2018, the Defendant: (a) contacted D on June 29, 2018; (b) continuously demanded D to have a sexual intercourse with D under the agreement while continuing to talk with D at D’s house; and (c) sought one million won after sexual intercourse, but sought an answer that only KRW 500,000,000 would be said to have been raped by abusive or intimidation, and (d) reported false facts as if D had been raped.
Accordingly, the defendant raised D's free will.
Summary of Evidence
1. Statement by the defendant in court;
1. Characteric message photographs;
1. Each report on investigation;
1. Entry into a police statement protocol against A and the application of its existing Acts and subordinate statutes;
1. Relevant Article of the Criminal Act and Article 156 of the Criminal Act concerning the crime. Article 156 (Selection of Punishment of Imprisonment);
1. The grounds for sentencing under Articles 157 and 153 of the Criminal Act for statutory mitigation [the scope of recommending punishment] Class 1 (Article 157 and Article 153 of the Criminal Act] (Article 153) [the scope of recommending punishment] self-denunciation and confession [the person subject to special mitigation]] of the mitigation area (Article 1 month to 1 year], the circumstances and process of the instant case, the degree of danger to commit a crime, and the circumstances under which a trial is being held for a same kind of crime, etc., shall be determined within the scope of the recommended punishment